PERAKASH VRMAN A/L MANOGARAN

PERAKASH VRMAN A/L MANOGARAN

Prosecution established all elements of section 323 beyond reasonable doubt on credible and consistent evidence (victim, eyewitness, medical report); the charge was not defective; absence of usable CCTV did not attract adverse inference; section 173A discharge was unsuitable given the facts and accused's status as a police officer; therefore convict and impose sentence (fine RM2000 or 3 months imprisonment).

Citation
AB-82-13-12/2020 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: Perakash Vrman a/l Manogaran
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 February 2023
Case Number
AB-82-13-12/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Judgment (sentencing)
Outcome
Accused found guilty under section 323 Penal Code; conviction recorded; sentenced to a fine of RM2000 or 3 months imprisonment if fine not paid.
Legal Topics
Voluntary Causing Hurt, Section 323 Penal Code, Prima Facie Case, Defective Charge, Section 173 a Discharge, Sentencing Principles, Police Misconduct
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Voluntary Causing Hurt Section 323 Penal Code Prima Facie Case Defective Charge Section 173 a Discharge +2 more

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Parties

PENDAKWA RAYA

Prosecution

Perakash Vrman a/l Manogaran

Accused

Procedural Posture

Criminal / Judgment (sentencing)

Legal Issues

  1. 1 Whether the charge was defective for not stating manner of causing injury
  2. 2 Whether prosecution proved all elements of section 323 beyond reasonable doubt
  3. 3 Whether an adverse inference under s114(g) Evidence Act arises from non-production of CCTV

Ratio Decidendi

Prosecution established all elements of section 323 beyond reasonable doubt on credible and consistent evidence (victim, eyewitness, medical report); the charge was not defective; absence of usable CCTV did not attract adverse inference; section 173A discharge was unsuitable given the facts and accused's status as a police officer; therefore convict and impose sentence (fine RM2000 or 3 months imprisonment).

Court Disposition

Accused found guilty under section 323 Penal Code; conviction recorded; sentenced to a fine of RM2000 or 3 months imprisonment if fine not paid.

Orders

  • Convicted under section 323 Penal Code
  • Sentence: fine RM2000; in default imprisonment 3 months