17 Feb 2022
[ ] ROSILA BINTI ISMAIL
- Citation
- DA-83-141-03/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DA-83-141-03/2021 (Mahkamah Majistret)
On maximum evaluation the prosecution failed to prove the essential elements of section 417: there was no clear evidence the accused deceived and intentionally induced the complainant to surrender the title; the transaction was consensual/security or sale to the lender and inconsistencies favoured the accused; mere breach of contract does not amount to cheating; therefore no prima facie case and accused acquitted and discharged.