ABDUL ALIM BIN RAUL

ABDUL ALIM BIN RAUL

The prosecution failed to prove a prima facie case under s.14(a) Akta 792 because the complainant's evidence was inconsistent and materially contradicted her police report and other contemporaneous accounts; medical examination did not corroborate the alleged act; the investigating officer failed to take and test material witness statements (friends, teachers, children present) creating a lacuna in the prosecution case; and the evidence adduced did not establish the statutory element of 'touching' as charged. Accordingly no prima facie case was made out and the accused was acquitted.

Citation
JA-62JSK-53-10/2020 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWARAYA; Accused: ABDUL ALIM BIN RAUL
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
12 September 2024
Case Number
JA-62JSK-53-10/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal – Sexual Offences Against a Child / Trial at Close of Prosecution Case – Court Considered Prima Facie Under S.180 CPC and Acquitted Accused
Outcome
Accused acquitted and discharged
Legal Topics
Prima Facie Case, Credibility of Child Witness, Delay in Reporting, Investigative Failures, Medical Corroboration, Statutory Interpretation of S.14(a) Akta 792
Source Language
Malay/English
Criminal Law Child Protection Sexual Offences Evidence Criminal Procedure Prima Facie Case Credibility of Child Witness Delay in Reporting +3 more

Case Brief

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Parties

PENDAKWARAYA

Prosecutor

ABDUL ALIM BIN RAUL

Accused

Procedural Posture

Criminal – Sexual Offences Against a Child / Trial at Close of Prosecution Case – Court Considered Prima Facie Under S.180 CPC and Acquitted Accused

Legal Issues

  1. 1 Whether the prosecution established a prima facie case under s.14(a) Akta 792
  2. 2 Reliability and consistency of the child complainant's evidence
  3. 3 Whether medical and investigative evidence corroborate the allegation

Ratio Decidendi

The prosecution failed to prove a prima facie case under s.14(a) Akta 792 because the complainant's evidence was inconsistent and materially contradicted her police report and other contemporaneous accounts; medical examination did not corroborate the alleged act; the investigating officer failed to take and test material witness statements (friends, teachers, children present) creating a lacuna in the prosecution case; and the evidence adduced did not establish the statutory element of 'touching' as charged. Accordingly no prima facie case was made out and the accused was acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Abdul Alim bin Raul is acquitted and discharged for the charge under s.14(a) Akta Kesalahan‑kesalahan Seksual Terhadap Kanak‑kanak 2017 (Akta 792)