29 Aug 2022
PUBLIC PROSECUTOR MOHD AZAM BIN ABDUL AHAD (NO. 2)
- Citation
- BH-83JS-32-12/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- BH-83JS-32-12/2019 (Mahkamah Majistret)
The accused was acquitted because the defence raised a probable explanation that the breast contact could have been accidental during a struggle over the child and there was compelling evidence of the complainant's ulterior motive to falsely implicate the accused; combined with delay in reporting and lack of immediate protest, these factors created reasonable doubt as to intentional touching and occurrence of the alleged private-part contact, so the prosecution failed to prove guilt beyond reasonable doubt.