Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Use of forged document

  • 4 Nov 2025

    Khairul Anuar Bin Daud

    Citation
    JA-62R-12-09/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-62R-12-09/2022 (Mahkamah Sesyen)

    Prosecution failed to prove essential elements of the offence: although P12 was found to be forged, there was insufficient and contradictory evidence that the accused dishonestly used and sent that forged document within the charged timeframe and that he had reason to believe it was forged; inadequate investigation and failure to preserve or verify deleted email records produced reasonable doubt and prevented a prima facie case — therefore accused must be acquitted and discharged at the close of prosecution's case.

  • 8 May 2023

    [Jabatan Peguam Negara] PATHMARAJAH A/L MYLVAGANAM

    Citation
    WA-62K-117-04/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62K-117-04/2021 (Mahkamah Sesyen)

    The prosecution failed to establish a prima facie case: SP21 was an interested, inconsistent and uncorroborated witness whose testimony could not sustain allegations of conspiracy or knowledge by the defendant; prosecution omitted to call material witnesses (warranting adverse inference); no cogent evidence proved the defendant knew the documents were forged; consequently the accused was discharged and acquitted at the close of the prosecution for both the predicate offences and AMLA counts.