Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Criminal force

Legal area

Court

30 May 2025

KHAIRUL MUHSEIN BIN ABDULLAH

Citation

CA-83JS-8-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-83JS-8-12/2022 (Mahkamah Majistret)

Court found prosecution failed to prove the specific element of 'gross indecency' under Section 377D but accepted complainant's substantive identification and corroborative CCTV/evidence established the use of criminal force with intent to outrage modesty; accordingly court properly amended the charge under Section 173 CPC to Section 354, found defendant guilty on that amended charge and sentenced him to one year imprisonment, the defence having failed to raise a reasonable doubt.
20 May 2022

Public Prosecutor Preevan a/l Chanderan

Citation

BH-83JS-20-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83JS-20-09/2020 (Mahkamah Majistret)

The court accepted the victim's uncontradicted evidence corroborated by an eyewitness (PW1) that the accused intentionally touched the victim's back without consent; that touching constituted criminal force and, in the circumstances, would outrage modesty of a reasonable person; intoxication defence was not established; Whatsapp screenshots were inadmissible secondary evidence; therefore prosecution proved a prima facie case and, after full trial, the accused was guilty under s.354 and sentenced accordingly.