PENDAKWARAYA HAIRULIQRAM BIN HAIRUDDIN MAHENDRAN A/L AMARUTION

PENDAKWARAYA HAIRULIQRAM BIN HAIRUDDIN MAHENDRAN A/L AMARUTION

The prosecution failed to establish a prima facie case against the accused because identity and participation were not proven: medical evidence and witness history pointed to the husband, key material witnesses (including B3 and the child) were not called, and there were material contradictions and gaps in the prosecution's narrative; therefore it was unsafe to call the accused to enter his defence and he was acquitted and discharged.

Citation
BB-M4-83-737-3/2017 DAN BB-M4-83-738-3/2017 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor (PENDAKWA RAYA); Accused: Mahendran a/l Amarution; Complainant: Gomathi a/p Amarution
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 December 2019
Case Number
BB-M4-83-737-3/2017 DAN BB-M4-83-738-3/2017 (Mahkamah Majistret)
Procedural Posture
Criminal Assault (s.325 Penal Code) and Criminal Intimidation (s.506 Penal Code) / Magistrates' Court Judgment at Close of Prosecution's Case; Accused Acquitted and Discharged (17 December 2019)
Outcome
Accused acquitted and discharged of the charges (s.325 and s.506 Penal Code)
Legal Topics
Grievous Hurt, Criminal Intimidation, Prima Facie Test, Identity of Perpetrator, Medical Evidence, Identification Parade, Prosecutorial Duty to Call Witnesses, Evidential Contradictions
Source Language
Malay/English
Criminal Law Grievous Hurt Criminal Intimidation Prima Facie Test Identity of Perpetrator Medical Evidence Identification Parade Prosecutorial Duty to Call Witnesses +1 more

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Parties

Public Prosecutor (PENDAKWA RAYA)

Prosecution

Mahendran a/l Amarution

Accused

Gomathi a/p Amarution

Complainant

Procedural Posture

Criminal Assault (s.325 Penal Code) and Criminal Intimidation (s.506 Penal Code) / Magistrates' Court Judgment at Close of Prosecution's Case; Accused Acquitted and Discharged (17 December 2019)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused for s.325 (voluntarily causing grievous hurt)
  2. 2 Whether the prosecution established a prima facie case against the accused for s.506 (criminal intimidation)
  3. 3 Whether the identity and participation of the accused in the assault and threat were proven

Ratio Decidendi

The prosecution failed to establish a prima facie case against the accused because identity and participation were not proven: medical evidence and witness history pointed to the husband, key material witnesses (including B3 and the child) were not called, and there were material contradictions and gaps in the prosecution's narrative; therefore it was unsafe to call the accused to enter his defence and he was acquitted and discharged.

Court Disposition

Accused acquitted and discharged of the charges (s.325 and s.506 Penal Code)

Orders

  • Accused acquitted and discharged on both charges