[Timbalan (TPR), Jabatan Peguam Negara] ZULKIFLY BIN MAMAT

[Timbalan (TPR), Jabatan Peguam Negara] ZULKIFLY BIN MAMAT

The magistrate correctly found the prosecution failed to prove a prima facie case under s.509: witness testimony was inconsistent regarding the alleged holes, photographic exhibits did not establish a penetrating hole into the bathroom, and there was insufficient evidence that the respondent spied with intent to outrage the victim’s modesty; those factual findings were not shown to be perverse or unsupported and thus the High Court refused to disturb the acquittal.

Citation
CB-41LB-3-08/2024 (Mahkamah Tinggi)
Parties
Perayu: Pendakwa Raya; Respondent: Zulkifly bin Mamat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 June 2025
Case Number
CB-41LB-3-08/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (section 509 Penal Code) / High Court Judgment on Appeal
Outcome
Appeal dismissed; acquittal and discharge of respondent affirmed.
Legal Topics
Section 509 Penal Code, Prima Facie Test, Acquittal on No Case to Answer, Appeal Review of Findings of Fact, Photographic Evidence
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Section 509 Penal Code Prima Facie Test Acquittal on No Case to Answer Appeal Review of Findings of Fact Photographic Evidence

Case Brief

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Parties

Pendakwa Raya

Perayu

Zulkifly bin Mamat

Respondent

Procedural Posture

Criminal Appeal (section 509 Penal Code) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.509 Penal Code
  2. 2 Whether the magistrate erred in evaluating photographic and witness evidence regarding existence of a hole penetrating the bathroom
  3. 3 Whether appellate court should disturb magistrate's acquittal based on alleged errors of fact or law

Ratio Decidendi

The magistrate correctly found the prosecution failed to prove a prima facie case under s.509: witness testimony was inconsistent regarding the alleged holes, photographic exhibits did not establish a penetrating hole into the bathroom, and there was insufficient evidence that the respondent spied with intent to outrage the victim’s modesty; those factual findings were not shown to be perverse or unsupported and thus the High Court refused to disturb the acquittal.

Court Disposition

Appeal dismissed; acquittal and discharge of respondent affirmed.

Orders

  • Rayuan Pendakwa Raya ditolak
  • Mengukuhkan perintah Mahkamah Majistret melepaskan dan membebaskan Responden tanpa dipanggil membela diri di bawah Seksyen 173(f)(ii) Kanun Tatacara Jenayah