Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Outraging modesty (section 354)

Legal area

Court

31 Jan 2025

KHAIRIL ISMAIL BIN TAJU ARIFFIN

Citation

CA-83JS-2-04/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-83JS-2-04/2023 (Mahkamah Majistret)

After maximum evaluation the court found prosecution failed to prove the element of criminal force and that the complainant's evidence was not 'unusually convincing' or safe to convict; material inconsistencies and credible alternative explanations (including alleged collusion) and the successful credibility challenge to SP5 meant no prima facie case under s354 was established; accused discharged and freed without being called to enter defence.
29 Nov 2024

MOHAMAD FAIZ BIN HALMI

Citation

MA-83-185-02/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-83-185-02/2023 (Mahkamah Majistret)

Although the prosecution established a prima facie case and the complainant alleged unwanted touching, the defence raised reasonable doubt through alibi evidence (timestamps and messages), demonstrated inconsistencies between the complainant's statements and the police report, and identified potential motive linked to tenancy and unpaid rent; the reasonable doubt was not dispelled by prosecution and therefore the accused was acquitted pursuant to the principle that guilt must be proved beyond reasonable doubt.