18 Jan 2023
[Timbalan (TPR), Jabatan Peguam Negara] MOHD YUSRI BIN KASSIM
- Citation
- CE-83JS-1-03/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CE-83JS-1-03/2021 (Mahkamah Majistret)
The prosecution failed to establish a prima facie case on each essential ingredient of s.354 because of material inconsistencies in the complainant's evidence, unreasonable delay in lodging the FIR without a satisfactory explanation, the complainant's post‑incident conduct inconsistent with being forcibly outraged (continued visits and assistance to accused), lack of corroboration for most alleged acts, and indication of consent or absence of non‑consent; consequently the accused was entitled to benefit of the doubt and was acquitted at the close of the prosecution case.