Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Position of trust
  • 4 Jul 2023

    SYED KHALIS BIN SYED HASBULLAH

    Citation
    PB-42JSKLB(A)-1-09/2022 (Mahkamah Tinggi)
    Court
    A
    Case number
    PB-42JSKLB(A)-1-09/2022 (Mahkamah Tinggi)

    The High Court affirmed the trial judge's finding that, after a careful and maximum evaluation of the prosecution evidence and witness demeanour, the complainant's testimony was not credible on material points and forensic evidence did not support her account (no WhatsApp messages); because credibility was fatal to proving all ingredients at the prima facie stage under Section 180 CPC the prosecution failed and the acquittal and discharge was correctly ordered.