Timbalan Pendakwaraya 1. ) Muhammad Yusri bin Zakaria (No K/P : 991012-11-5279) 2. ) Muhammad Nor Aiman bin Sabri (NO. K/P: 000626-11-0587)

Timbalan Pendakwaraya 1. ) Muhammad Yusri bin Zakaria (No K/P : 991012-11-5279) 2. ) Muhammad Nor Aiman bin Sabri (NO. K/P: 000626-11-0587)

Applying a maximum assessment the court found material contradictions in the complainant's accounts (police report, doctor interview, trial testimony), unreliable identification/place evidence, and critical undisclosed DNA evidence indicating a third male plus failure to submit accuseds' clothing for analysis; these defects destroyed any prima facie case and required discharge of both accused without calling them to answer.

Citation
MSB-62JSK-09-07/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Muhammad Yusri bin Zakaria; Defendant: Muhammad Nur Aiman bin Sabri
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 April 2022
Case Number
MSB-62JSK-09-07/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape (sexual Offence) / Discharge at Close of Prosecution (no Prima Facie); Prosecution Appealed
Outcome
T1 (Muhammad Yusri bin Zakaria) and T2 (Muhammad Nur Aiman bin Sabri) discharged and released without being called to enter their defence; prosecution has appealed.
Legal Topics
Rape, Prima Facie, Corroboration, DNA Evidence, Credibility and Inconsistencies, Disclosure (s51 A), Presumption Under S114(g) Evidence Act, Sections 173(f) and 173(h) Criminal Procedure Code
Source Language
Malay/English
Criminal Law Evidence Sexual Offences Rape Prima Facie Corroboration DNA Evidence Credibility and Inconsistencies +3 more

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Parties

Pendakwa Raya

Prosecutor

Muhammad Yusri bin Zakaria

Defendant

Muhammad Nur Aiman bin Sabri

Defendant

Procedural Posture

Criminal Rape (sexual Offence) / Discharge at Close of Prosecution (no Prima Facie); Prosecution Appealed

Legal Issues

  1. 1 Whether the prosecution established a prima facie case to call accused to answer (T1 and T2)
  2. 2 Whether the complainant's evidence was 'unusually convincing' so corroboration could be dispensed with
  3. 3 Impact of material inconsistencies between police report, medical account and trial testimony on credibility

Ratio Decidendi

Applying a maximum assessment the court found material contradictions in the complainant's accounts (police report, doctor interview, trial testimony), unreliable identification/place evidence, and critical undisclosed DNA evidence indicating a third male plus failure to submit accuseds' clothing for analysis; these defects destroyed any prima facie case and required discharge of both accused without calling them to answer.

Court Disposition

T1 (Muhammad Yusri bin Zakaria) and T2 (Muhammad Nur Aiman bin Sabri) discharged and released without being called to enter their defence; prosecution has appealed.

Orders

  • T1 and T2 are discharged and freed (dilepas dan dibebaskan) without being called to answer
  • Reasons for discharge recorded and matter remitted to appellate process (prosecution appeal noted)