12 Aug 2021
1. NADARAJAH A/L RISIYA 2. SASHIKUMAR A/L RISYIYA
- Citation
- DA-44-8-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-44-8-02/2021 (Mahkamah Tinggi)
The application was allowed because the WhatsApp messages and the police report satisfied the s317 CPC criteria: they became relevant only after sentence, are capable of belief in the absence of a first‑hand denial by the investigating officer, and could reasonably have created doubt about the voluntariness of the guilty plea; additionally the prosecution's failure to produce the investigating officer's affidavit warranted reliance on the applicants' averments and justified admitting the documents into the appeal record.