Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Re-examination of witness
  • 28 Oct 2024

    AHMAD RADZI BIN ROSLAN

    Citation
    AA-42JSKS-1-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-1-02/2023 (Mahkamah Tinggi)

    The High Court upheld the conviction because the child victim's testimony, when assessed holistically, was credible and consistent on material points and supported by medical evidence of bruising consistent with blunt penetration; re-examination was a permissible clarification not new evidence; the late affidavit (Exhibit D15) and SD2 were unreliable/afterthought or interested and insufficient to raise reasonable doubt; and the sentence fell within judicial discretion, therefore both the appeal and cross-appeal were dismissed though conditional suspension under s.311 was permitted as previous…