RAJA HAMDAN BIN RAJA HAMZAH

RAJA HAMDAN BIN RAJA HAMZAH

Prosecution failed to establish a prima facie case under s.14(a) because material and central inconsistencies existed between the victim's account and supporting witnesses on date/time/place, corroborative electronic evidence was not verified or was absent, investigative gaps (failure to verify venue booking and telco records) and delay in reporting undermined credibility; therefore it was unsafe to call the accused to enter defence and he was discharged and acquitted.

Citation
BL-62JSK-10-02/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Defendant: RAJA HAMDAN BIN RAJA HAMZAH
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 February 2026
Case Number
BL-62JSK-10-02/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offence (child) / Post Prosecution Close Prima Facie Assessment (discharge Without Calling Defence)
Outcome
Accused discharged and acquitted; no call to enter defence (discharged under prima facie assessment)
Legal Topics
Sexual Offence, Prima Facie Test Under S.180 CPC, Credibility of Child Witnesses, Delay in Reporting, Electronic/phone Evidence Verification
Source Language
Malay/English

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Parties

PENDAKWARAYA

Prosecution

RAJA HAMDAN BIN RAJA HAMZAH

Defendant

Procedural Posture

Criminal Sexual Offence (child) / Post Prosecution Close Prima Facie Assessment (discharge Without Calling Defence)

  1. 1 Whether prosecution proved a prima facie case under s.14(a) Sexual Offences Against Children Act 2017
  2. 2 Whether the child complainant and supporting witnesses were credible and consistent on crucial facts (date/time/place)
  3. 3 Whether WhatsApp/chat and phone evidence linked to accused were sufficiently verified and admissible

Ratio Decidendi

Prosecution failed to establish a prima facie case under s.14(a) because material and central inconsistencies existed between the victim's account and supporting witnesses on date/time/place, corroborative electronic evidence was not verified or was absent, investigative gaps (failure to verify venue booking and telco records) and delay in reporting undermined credibility; therefore it was unsafe to call the accused to enter defence and he was discharged and acquitted.

Court Disposition

Accused discharged and acquitted; no call to enter defence (discharged under prima facie assessment)

Orders

  • Raja Hamdan bin Raja Hamzah discharged and acquitted of the charge under Section 14(a) Sexual Offences Against Children Act 2017
  • Charge dismissed and accused released from the accusation; no further action ordered