28 Feb 2025
RAJENDRAN A/L KRISHNAN [Polis Diraja Malaysia (PDRM)]
- Citation
- BA-41S(A)-2-05/2024 (Mahkamah Tinggi)
- Court
- A
- Case number
- BA-41S(A)-2-05/2024 (Mahkamah Tinggi)
The High Court allowed the appellant's appeal in relation to charge P4 (section 186 Penal Code) because the charge as framed was fatally defective for failing to include the essential element that the public servant was discharging his public functions; that omission misled the accused and caused failure of justice, requiring quashing of the conviction and sentence under section 316 CPC (with reliance on section 422 principles). The conviction and sentence for P5 (section 14 Minor Offences Act) were upheld.