PENDAKWARAYA MOHD JAMIL BIN JAMALUDIN

PENDAKWARAYA MOHD JAMIL BIN JAMALUDIN

Applying the prima facie test, the court found material inconsistencies in child complainant testimony, credible alibi evidence showing absence of a complainant during the alleged period, and absence of corroborative evidence; bad character/similar‑fact evidence was inadmissible and not probative. The prosecution therefore failed to prove a prima facie case and the accused was discharged under section 173(f)(ii) of the Criminal Procedure Code.

Citation
BC-62JSK-43-12/2019 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Jamil bin Jamaludin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 November 2021
Case Number
BC-62JSK-43-12/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal (sexual Offences Against Children) / Trial Close of Prosecution Case (accused Discharged)
Outcome
Accused acquitted, released and discharged
Legal Topics
Prima Facie, Burden of Proof, Admissibility of Bad Character/similar Fact Evidence, Corroboration of Child Witness Evidence, Materiality of Time/date in Charge
Source Language
Malay/English
Criminal Law Child Protection Law Evidence Law Sexual Offences Prima Facie Burden of Proof Admissibility of Bad Character/similar Fact Evidence Corroboration of Child Witness Evidence +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 6 Authorities cited 17 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohd Jamil bin Jamaludin

Defendant

Procedural Posture

Criminal (sexual Offences Against Children) / Trial Close of Prosecution Case (accused Discharged)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at the close of its case
  2. 2 Whether alleged dates/times in the charge were material and whether lack of specific date vitiated the charge
  3. 3 Whether bad character evidence (alleged viewing of pornographic material) was admissible

Ratio Decidendi

Applying the prima facie test, the court found material inconsistencies in child complainant testimony, credible alibi evidence showing absence of a complainant during the alleged period, and absence of corroborative evidence; bad character/similar‑fact evidence was inadmissible and not probative. The prosecution therefore failed to prove a prima facie case and the accused was discharged under section 173(f)(ii) of the Criminal Procedure Code.

Court Disposition

Accused acquitted, released and discharged

Orders

  • Accused released and discharged under section 173(f)(ii) Kanun Acara Jenayah (Criminal Procedure Code) on 10 January 2022