23 Jun 2020
PENDAKWARAYA Public Prosecutor N
- Citation
- AB-41LB-7-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-41LB-7-09/2019 (Mahkamah Tinggi)
Acquittal was correct and is affirmed because the prosecution failed to establish the essential ingredients of rape beyond reasonable doubt (notably credible proof of penetration and positive identification), key medical witnesses were not called to verify the medical report, forensic evidence was lacking, and the magistrate’s assessment that the child witnesses’ evidence was inconsistent and insufficient is entitled to deference on appeal.