4 Aug 2025
1. ) MUHAMAD HAFFIZ BIN MOHD RADZI 2. ) MOHD FAHMEE BIN MOHAMAD NOR
- Citation
- WA-61RS-5-12/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-61RS-5-12/2023 (Mahkamah Sesyen)
Prosecution failed to prove the essential element of immediate fear or violence required for robbery under Section 390/391 read with Section 395; the accomplice statement (ID-223) was inadmissible and without probative value absent cross-examination; prosecution’s omission to call a material witness and produce original investigative document created a prejudicial gap justifying an adverse inference; on maximum evaluation the evidence did not amount to a prima facie case and the accused were therefore acquitted and discharged at the close of the prosecution case.