17 Oct 2024
Aik Joo Can Factory Sdn Bhd
- Citation
- PB-63-20-08/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- PB-63-20-08/2023 (Mahkamah Sesyen)
The court applied a maximal evaluation under s180 CPC and found the prosecution failed to prove the crucial element that the employer had failed to provide safe guarding. The victim consistently testified the guard existed; investigatory evidence was speculative or hearsay and inconsistent. Because the prosecution did not adduce credible, uncontradicted evidence that the guarding was absent or unsafe, no prima facie case was established and the accused was acquitted without being called to defence.