9 Jun 2023
[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD IRZA DANIAL BIN SAUFI
- Citation
- CC-62JSK-7-09/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- CC-62JSK-7-09/2021 (Mahkamah Sesyen)
The prosecution failed to establish a prima facie case because the complainant's testimony was not 'unusually convincing', independent corroboration was absent, medical findings were inconclusive as to cause and timing, forensic samples were negative for semen/DNA, and there was significant delay in complaint; therefore it was unsafe to convict if the accused remained silent and the acquittal without calling the accused to defend was proper.