Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Evidence act presumptions
  • 23 Aug 2024

    Ee Yong Nan [TIMBALAN ]

    Citation
    BA-42S-4-03/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-4-03/2022 (Mahkamah Tinggi)

    The High Court upheld the Sessions Court: prosecution proved prima facie cases for rape under s376(1) and causing hurt under s323; complainant's testimony was credible and consistent and supported by medical and independent witness evidence; SD2 was an interested witness and bare denial was insufficient to rebut the prosecution case; there was no withholding of material witnesses to invoke s114(g); sentencing was appropriate and not manifestly inadequate; convictions and sentences were therefore upheld.