Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Recorded statements under s.112 cpc
  • 18 Jan 2022

    MUHAMMAD ZULHILMAN BIN ZULKAPELI

    Citation
    TA-83-381-10/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TA-83-381-10/2019 (Mahkamah Majistret)

    The court convicted under s.193 Penal Code because the accused was legally bound to tell the truth (oath and s.112 CPC), made statements in judicial proceedings and in a recorded s.112 statement that were materially contradictory and irreconcilable, failed to offer a reasonable explanation for the contradictions, and the surrounding facts (relation to alleged beneficiary brother and witness credibility) established knowledge and intention to give false evidence; procedural defects raised were curable and did not prejudice the accused; sentence imposed was 24 months' imprisonment commencing 18…