[ ] MD ZAHARUDIN BIN MAT JUSOH

[ ] MD ZAHARUDIN BIN MAT JUSOH

Prosecution failed to prove a prima facie case because of material contradictions and non‑corroboration in the victim's accounts, unresolved issues as to identity of the assailant and the motorcycle, absence of the alleged weapon and distinctive clothing as exhibits, and a serious investigative omission by the investigating officer in failing to probe the accused's alibi; accordingly the accused was discharged at the close of the prosecution case.

Citation
DD-83-136-09/2024 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Md Zaharudin bin Mat Jusoh
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 August 2025
Case Number
DD-83-136-09/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Assault (section 324 Penal Code) / Close of Prosecution (no Case to Answer); Accused Discharged
Outcome
Accused discharged and released at close of prosecution; no need to call accused to enter defence; bail returned to surety.
Legal Topics
Assault Causing Hurt, Alibi, Investigation Deficiencies, Identification of Accused, Production of Weapons as Exhibits, No Prima Facie Case
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Assault Causing Hurt Alibi Investigation Deficiencies Identification of Accused Production of Weapons as Exhibits +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Md Zaharudin bin Mat Jusoh

Defendant

Procedural Posture

Criminal Assault (section 324 Penal Code) / Close of Prosecution (no Case to Answer); Accused Discharged

Legal Issues

  1. 1 Whether prosecution proved identity of accused as assailant
  2. 2 Whether prosecution proved actus reus and mens rea under Section 324
  3. 3 Whether the weapon used was proved and produced as exhibit

Ratio Decidendi

Prosecution failed to prove a prima facie case because of material contradictions and non‑corroboration in the victim's accounts, unresolved issues as to identity of the assailant and the motorcycle, absence of the alleged weapon and distinctive clothing as exhibits, and a serious investigative omission by the investigating officer in failing to probe the accused's alibi; accordingly the accused was discharged at the close of the prosecution case.

Court Disposition

Accused discharged and released at close of prosecution; no need to call accused to enter defence; bail returned to surety.

Orders

  • Accused released and acquitted at close of prosecution (no case to answer).
  • Bail monies/conditions returned to surety.