MUHAMMAD IZZUL FITRI BIN ATAN

MUHAMMAD IZZUL FITRI BIN ATAN

The prosecution failed to establish a prima facie case under s.14(a) AKSTK 2017 because the complainant's testimony contained material inconsistencies with itself and with exhibits/medical reports, there was no reliable corroboration, and on maximum evaluation the evidence was not sufficiently credible to call the accused to answer; therefore the accused was discharged and acquitted at the close of the prosecution case.

Citation
BL-62JSK-29-05/2024 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Accused: MUHAMMAD IZZUL FITRI BIN ATAN (051103-08-0673)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
17 April 2026
Case Number
BL-62JSK-29-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against a Child / Trial Close of Prosecution Case (consideration Under S.180 Cpc)
Outcome
Accused discharged and acquitted at close of prosecution case; defence not called
Legal Topics
Sexual Assault, Prima Facie Assessment, Credibility of Child Witness, Discharge at Close of Prosecution
Source Language
Malay/English
Criminal Law Sexual Offences Children Law Evidence Law Sexual Assault Prima Facie Assessment Credibility of Child Witness Discharge at Close of Prosecution

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Parties

PENDAKWARAYA

Prosecution

MUHAMMAD IZZUL FITRI BIN ATAN (051103-08-0673)

Accused

Procedural Posture

Criminal Sexual Offences Against a Child / Trial Close of Prosecution Case (consideration Under S.180 Cpc)

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case under s.14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017
  2. 2 Whether the child complainant (SP1) is a credible witness whose uncorroborated evidence suffices for conviction
  3. 3 Whether inconsistencies between testimony and exhibits/medical reports undermine the prosecution case

Ratio Decidendi

The prosecution failed to establish a prima facie case under s.14(a) AKSTK 2017 because the complainant's testimony contained material inconsistencies with itself and with exhibits/medical reports, there was no reliable corroboration, and on maximum evaluation the evidence was not sufficiently credible to call the accused to answer; therefore the accused was discharged and acquitted at the close of the prosecution case.

Court Disposition

Accused discharged and acquitted at close of prosecution case; defence not called

Orders

  • Accused discharged and acquitted of the charge under Section 14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017; released from the charge