Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 173 cpc

  • 4 Nov 2025

    ROSMAINI BIN ABDUL RAOF

    Citation
    JA-42H-13-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42H-13-12/2024 (Mahkamah Tinggi)

    The trial judge did not err: SP1's in‑court demeanour and testimony were credible; the belated statutory declaration and police report were afterthoughts and contested, did not create reasonably possible alternative hypotheses, and did not break the complete circumstantial chain pointing to the accused; refusal to recall SP1 was a proper exercise of discretion under Section 425 CPC; SP1's testimony was direct evidence and not inadmissible hearsay; alleged investigative defects were immaterial; the 10‑year sentence (with 14 months remand served) was within the appropriate range and not manifes…

  • 16 Oct 2023

    [ ] Moh Noor Bin Jusoh

    Citation
    DI-83RS-26-09/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DI-83RS-26-09/2020 (Mahkamah Majistret)

    Prosecution failed to prove the essential element of dishonest intention/mens rea; evidence of temporary title, payments and absence of notice withdrawing accused's rights created reasonable doubt and no prima facie case was established, therefore accused must be acquitted at the close of the prosecution's case.