Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Credibility of witness

  • 27 Feb 2026

    ZULPANDY BIN RISPEN EFFENDI

    Citation
    BA-42JSKS-8-04/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKS-8-04/2025 (Mahkamah Tinggi)

    The appellate court upheld the conviction because the trial judge's finding that the complainant's testimony was clear, detailed, consistent and corroborated by independent witnesses and documentary evidence was reasonable on the record; deficiencies in forensic/CCTV evidence and the existence of an old hymenal tear did not render the prosecution case unsafe, and there was no demonstrable misdirection or perversity in the trial court's assessment of credibility.

  • 5 Jan 2026

    CHEW LENG SOON

    Citation
    J-05(SH)-73-02/2024 (Mahkamah Rayuan)
    Court
    SH
    Case number
    J-05(SH)-73-02/2024 (Mahkamah Rayuan)

    Appellate court affirmed trial finding that prosecution proved possession and knowledge beyond reasonable doubt based on credible eyewitness evidence of appellant entering and leaving the premises with the plastic containing drugs, his conduct in indicating the locked room key, the matching type of drugs found in the room and the statutory presumption under s.37(da) ADB which appellant failed to rebut; accordingly convictions and sentences were upheld.

  • 4 Jan 2026

    CHE AZIAN @ ZULAZLI BIN CHE IBERAHIM [ ]

    Citation
    DA-42JSKS-3-05/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-42JSKS-3-05/2025 (Mahkamah Tinggi)

    Minor inconsistencies in the victim's account were peripheral and her core account was detailed and corroborated by medical evidence; the alibi was not established because the alibi witness was not at the alleged alternative location and offered only speculation; non-calling of relatives did not attract s.114(g) because their evidence would likely be repetition of the complainant's account; therefore prosecution proved guilt beyond reasonable doubt and conviction and sentence were upheld.

  • 17 Dec 2025

    RAHNI BIN MAT SUDIN

    Citation
    AB-42JSKLB-1-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42JSKLB-1-07/2024 (Mahkamah Tinggi)

    The High Court allowed the prosecution's appeal, finding the trial judge erred in concluding reasonable doubt. The complainant was credible and her account of three distinct incidents of rape was corroborated by medical findings, psychological assessment and digital evidence from the accused's phone. A potency test is not mandatory where other evidence demonstrates sexual capability. The cumulative weight of credible testimony and corroborative evidence established guilt beyond reasonable doubt; the acquittal was set aside, the accused convicted on all three counts and sentenced to imprisonme…

  • 30 Oct 2025

    Mior Saifuldin Bin Mior Sharuddin [Pegawai Pendakwa (PDRM)]

    Citation
    BA-42JSKS-13-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKS-13-12/2024 (Mahkamah Tinggi)

    No miscarriage of justice arose from the change of judge; the succeeding judge was entitled under s261 KTJ to act on the complete recorded evidence; the complainant's evidence was unusually compelling and corroborated sufficiently to establish penetration and the victim's age, satisfying s376 KK; defence evidence was unconvincing and interest‑tainted; sentence of 13 years imprisonment and 5 strokes with ancillary orders was within lawful range and not manifestly excessive; appeal dismissed and conviction and sentence upheld, imprisonment to run from 30.10.2025.

  • 30 Sept 2025

    Ganesh a/l Nathan

    Citation
    NA-61R-15-12/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-61R-15-12/2021 (Mahkamah Sesyen)

    The prosecution failed to prove beyond reasonable doubt that the accused received RM1,400 because the key corroborative document (ID16) was hearsay and inadmissible due to loss of the original audio and lack of proof of the transcription, there were no independent witnesses to the handover and surrounding evidence did not adequately corroborate PW3's assertion; therefore the accused must be acquitted.

  • 19 Jun 2025

    [ ] 1. ) ANANTH SOORIA A/L THURAIRAJAN 2. ) KALAIMANAN A/L N.MORGAN

    Citation
    PA-45B-10-11/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-45B-10-11/2019 (Mahkamah Tinggi)

    Prosecution failed to establish a prima facie case because its key eyewitness (SP12) was materially inconsistent and not credible, and investigative/forensic evidence did not specifically and sufficiently link OKT1 and OKT2 to the fatal assault; therefore it was unsafe to call the accuseds to enter their defence and they were discharged and released.

  • 5 Mar 2025

    PENAMA XXXX

    Citation
    AB-84-42-11/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-84-42-11/2020 (Mahkamah Majistret)

    Applying maximum evaluation the court found that for Amended First and Second charges the prosecution failed to prove prima facie that penetration occurred because the complainant's evidence contained material inconsistencies as to time and circumstances, investigations produced no independent corroborative or forensic evidence, and the complainant's testimony was not of 'special weight'; therefore the accused was discharged on those two charges. The court found prima facie established only for the Amended Third charge and ordered the accused to enter defence on that count.

  • 25 Nov 2024

    AHMAD SUKRI BIN ARIFFIN

    Citation
    T-09-192-08/2023 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    T-09-192-08/2023 (Mahkamah Rayuan)

    The Court of Appeal held that the prosecution proved the offences for the incidents of 26 November 2019 beyond reasonable doubt based on credible victim testimony corroborated by medical evidence and supporting witnesses; the appellant's alibi and contradictions were insufficient to raise reasonable doubt; the prosecution's appeal against the High Court acquittal for the 14 August 2019 incident succeeded and that acquittal was set aside; concurrent findings of fact by the Sessions and High Court were not disturbed and the sentences imposed by the Sessions Court were reinstated and upheld.

  • 25 Sept 2024

    SHUIB BIN DARUS

    Citation
    KA-62JSK-34-08/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    KA-62JSK-34-08/2021 (Mahkamah Sesyen)

    The court found prosecution proved all elements of Section 14(a) AKKSTKK 2017 beyond reasonable doubt based on the victim's credible and consistent testimony supported by contemporaneous documents and medical records; defence denials were unconvincing and constituted afterthoughts; accordingly the accused was convicted and sentenced, with sentence calibrated for deterrence and protection of children.