Malaysia Case Law: Decisions & Judgments

Citation

BA-45-24-07/2020 (Mahkamah Tinggi)

Court

High Court

Case number

BA-45-24-07/2020 (Mahkamah Tinggi)

Court held prosecution failed to prove a prima facie case against all three accused because identification evidence was unreliable or contradicted (victim denied 1st accused, ID parade procedures were defective and confused by identical twins, labelling errors and absence of signatures, no satisfactory linkage from motive evidence), medical and history evidence did not support assault allegations, and alibi/denials undermined identity; accordingly all accused were acquitted and discharged.

4 Sept 2020

PENDAKWARAYA Muhammad Fariz Afiq bin Mohd Rohizi

Citation: AB - 42S - 8 - 02/2020 & AB - 42JSKH - 2 - 02/2020 (Mahkamah Tinggi)
Court: High Court
Case number: AB - 42S - 8 - 02/2020 & AB - 42JSKH - 2 - 02/2020 (Mahkamah Tinggi)

The appellate court upheld the conviction because the child complainant was competent and credible, his testimony was corroborated by immediate disclosure to his mother, the police report, positive identification at an ID parade and in court, and medical evidence of fresh perianal tears consistent with finger insertion; these combined proved the elements of Section 377CA beyond reasonable doubt. Absence of forensic sperm or fingernail evidence did not undermine the case. The sentence of eight years imprisonment and four strokes, together with rehabilitative counselling, was within lawful disc…

Malaysia Case Law

[ ] Vignes A/l Valamarajah

PENDAKWARAYA Muhammad Fariz Afiq bin Mohd Rohizi