Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Evidence act 1950
  • 27 Feb 2020

    PENDAKWARAYA Timbalan MBR

    Citation
    BH84-11-02/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH84-11-02/2019 (Mahkamah Majistret)

    Although the Sexual Offences Against Children Act permits conviction on uncorroborated child evidence, the court found SP1 was not of tender years but her testimony was materially inconsistent, vague on the crucial fact of penetration, and not corroborated by police or medical reports; therefore prosecution failed to establish a prima facie case and the accused was acquitted and discharged under Child Act s90(10).