ABDUL KARIM BIN ABDUL AZIZ

ABDUL KARIM BIN ABDUL AZIZ

After maximum evaluation the court found the prosecution failed to prove a prima facie case: complainant's delayed reporting, lack of corroborative evidence, and the prosecution's failure to call material witnesses created reasonable doubt; additionally the second amended charge was heard without local jurisdiction (s.121) and that part of the proceedings was void and not saved by s.422; accordingly accused discharged and released without being called to enter defence.

Citation
JA-82-2-01/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Abdul Karim bin Abdul Aziz
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 December 2023
Case Number
JA-82-2-01/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Summary Trial (s.509 Penal Code) / Close of Prosecution Case — Accused Discharged (no Prima Facie)
Outcome
Accused discharged and released at close of prosecution case; not called to enter defence
Legal Topics
Section 509 Penal Code (insulting/modesty), Prima Facie Test (s.173 Cpc), Local Jurisdiction (s.121 Cpc), Joinder of Offences (s.163/164 Cpc), Irregularities and Curative Provision (s.422 Cpc), Corroboration in Sexual Offences, Prosecutorial Duty to Call Material Witnesses
Source Language
Malay/English
Criminal Law Criminal Procedure Employment Law Evidence Law Section 509 Penal Code (insulting/modesty) Prima Facie Test (s.173 Cpc) Local Jurisdiction (s.121 Cpc) Joinder of Offences (s.163/164 Cpc) +3 more

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Parties

Pendakwa Raya

Prosecution

Abdul Karim bin Abdul Aziz

Accused

Procedural Posture

Criminal Summary Trial (s.509 Penal Code) / Close of Prosecution Case — Accused Discharged (no Prima Facie)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case under s.509 Penal Code
  2. 2 Whether two charges joined in one case contravened s.163 and whether s.164 permitted joinder
  3. 3 Whether the court had local jurisdiction to hear the second amended charge (s.121)

Ratio Decidendi

After maximum evaluation the court found the prosecution failed to prove a prima facie case: complainant's delayed reporting, lack of corroborative evidence, and the prosecution's failure to call material witnesses created reasonable doubt; additionally the second amended charge was heard without local jurisdiction (s.121) and that part of the proceedings was void and not saved by s.422; accordingly accused discharged and released without being called to enter defence.

Court Disposition

Accused discharged and released at close of prosecution case; not called to enter defence

Orders

  • Accused Abdul Karim bin Abdul Aziz dilepas dan dibebaskan tanpa diperintahkan membela diri
  • Proceedings in respect of the second amended charge declared void for lack of local jurisdiction (outside local limits of Magistrate's Court Johor Bahru)