MOHAMAD ZAIRIN BIN MOHIDIN

MOHAMAD ZAIRIN BIN MOHIDIN

Although prosecution established a prima facie case at the close of its case, after assessing all evidence including defence testimony and considering investigative deficiencies, inconsistencies and absence of independent medical corroboration for the penetration allegation, the court concluded prosecution failed to prove guilt beyond reasonable doubt; the accused was therefore acquitted and discharged.

Citation
FA-62JSK-176-03/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohamed Zairin bin Mohidin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 January 2024
Case Number
FA-62JSK-176-03/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offence Against Child (soaca) / Trial at Sessions Court — Judgment (acquittal); Prosecution Has Filed Appeal to High Court
Outcome
Acquitted and discharged
Legal Topics
Sexual Assault, Prima Facie, Corroboration, Credibility of Child Witness, Investigative Deficiencies, Section 14(a) SOACA, Section 18 SOACA
Source Language
Malay/English
Criminal Law Child Protection Evidence Police Investigation Sexual Assault Prima Facie Corroboration Credibility of Child Witness +3 more

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Parties

Pendakwa Raya

Prosecutor

Mohamed Zairin bin Mohidin

Accused

Procedural Posture

Criminal Sexual Offence Against Child (soaca) / Trial at Sessions Court — Judgment (acquittal); Prosecution Has Filed Appeal to High Court

Legal Issues

  1. 1 Whether prosecution proved elements of s14(a) SOACA (child, touching, sexual purpose) beyond reasonable doubt
  2. 2 Whether prima facie case existed at close of prosecution and whether that finding survived full trial assessment
  3. 3 Whether child complainant's evidence required corroboration or was sufficiently credible under s18 SOACA

Ratio Decidendi

Although prosecution established a prima facie case at the close of its case, after assessing all evidence including defence testimony and considering investigative deficiencies, inconsistencies and absence of independent medical corroboration for the penetration allegation, the court concluded prosecution failed to prove guilt beyond reasonable doubt; the accused was therefore acquitted and discharged.

Court Disposition

Acquitted and discharged

Orders

  • Mohamed Zairin bin Mohidin is acquitted and discharged of the charge under section 14(a) SOACA
  • Bail money returned to surety