Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Alibi

  • 12 Feb 2026

    CHE MUHAMMAD IDHAM FAQIMIE BIN CHE ROSDI

    Citation
    TA-42LB-3-09/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    TA-42LB-3-09/2024 (Mahkamah Tinggi)

    The High Court upheld the Sessions Court acquittal because the prosecution failed to prove joint intention under section 34 beyond reasonable doubt and the identification evidence was undermined by significant omissions and prior acquaintance; the alibi, supported by consistent witnesses and not independently challenged, raised reasonable doubt such that the accused was entitled to acquittal under established Mat v PP principles.

  • 4 Jan 2026

    CHE AZIAN @ ZULAZLI BIN CHE IBERAHIM [ ]

    Citation
    DA-42JSKS-3-05/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-42JSKS-3-05/2025 (Mahkamah Tinggi)

    Minor inconsistencies in the victim's account were peripheral and her core account was detailed and corroborated by medical evidence; the alibi was not established because the alibi witness was not at the alleged alternative location and offered only speculation; non-calling of relatives did not attract s.114(g) because their evidence would likely be repetition of the complainant's account; therefore prosecution proved guilt beyond reasonable doubt and conviction and sentence were upheld.

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)

    The court accepted the sworn testimony of the child victim as competent, credible and reliable under ss.17–18 Akta 792; medical evidence of old hymenal tears corroborated penetration; defence alibi and interested witness evidence failed to raise reasonable doubt; inconsistencies were minor and immaterial; therefore prosecution proved elements of sexual assault (s.14(a) Akta 792) and rape (s.376(2)(f) Kanun Keseksaan) beyond reasonable doubt and the conviction and sentences as imposed were justified and affirmed, with ancillary orders for counselling, police supervision and compensation upheld…

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-40-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-40-12/2023 (Mahkamah Sesyen)

    The court convicted the accused on all seven charges because the child complainant was competent and her sworn testimony was found credible and corroborated by medical findings and supporting witnesses; the defence alibi and interested defence witnesses failed to create reasonable doubt; sentencing followed statutory ranges and relevant principles, ordering specified prison terms and strokes with all sentences to run concurrently, counselling and police supervision, and compensation; the court refused to amend charges or apply a sentencing provision not included in the charge.

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)

    The court accepted the child victim's sworn testimony as competent, credible and sufficient under ss.17 and 18 Akta 792, corroborated by medical findings and supporting witnesses; defence alibi and interested witness testimony were unreliable; thus elements of sexual assault under s.14(a) Akta 792 and rape under s.376(2)(f) Kanun Keseksaan were proved beyond reasonable doubt, warranting conviction and the sentencing orders made (concurrent imprisonment terms, caning as per statutes, compensation, rehabilitative counselling and police supervision).

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-39-12/2023 (Mahkamah Sesyen)

    The court convicted the accused because the sworn testimony of the child complainant was credible, consistent and corroborated by medical findings and supporting witness evidence; defence alibi and interested witnesses lacked reliability and failed to create reasonable doubt; sentencing was exercised within discretion resulting in specified custodial terms running concurrently with ancillary orders for rehabilitation, police supervision and compensation.

  • 4 Nov 2025

    Mohd Nur Hussein Bin Mohd Salleh [Timbalan (TPR), Jabatan Peguam Negara]

    Citation
    A-05(SH)-382-09/2023 (Mahkamah Rayuan)
    Court
    SH
    Case number
    A-05(SH)-382-09/2023 (Mahkamah Rayuan)

    The conviction was affirmed because the cumulative circumstantial evidence formed a complete and irresistible chain: the accused led police to concealed items belonging to the victim (admissible under s27/s8), DNA on seized items linked them to the deceased, credible independent recognition by SP15 placed the accused near the scene, and the alibi was unreliable and inconsistent with objective evidence; on sentencing the Court found premeditation, extreme brutality, planning and attempts to conceal and thus imposed death as the only appropriate penalty under 'rarest of rare' principles.

  • 29 Sept 2025

    KRISHNAN A/L CHANDRASAGARAN

    Citation
    WA-62RS-139-08/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-62RS-139-08/2023 (Mahkamah Sesyen)

    Prosecution established a prima facie case and proved guilt beyond reasonable doubt: victim gave positive dock identification at close range corroborated by CCTV; stolen phone was recovered from accused's waist-bag and linked through police evidence and continuity of exhibits; discrepancies and procedural omissions raised by defence did not break the chain nor create reasonable doubt; accused's alibi and denials were uncorroborated and amounted to bare denial, therefore conviction under s.392 Kanun Keseksaan was warranted.

  • 27 Aug 2025

    [ ] TENGKU MD FARIS BIN TENGKU HAMZAH

    Citation
    DA-62JSK-35-09/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DA-62JSK-35-09/2023 (Mahkamah Sesyen)

    The court accepted the child victim's sworn, consistent and corroborated testimony as credible and sufficient to prove each element of Section 14(a); the accused's alibi was implausible, late and unsupported on material points and therefore failed to raise a reasonable doubt; accused was in a relationship of trust at the material time; conviction under Section 14(a) read with Section 16(1) was proper and sentence was imposed accordingly.

  • 18 Aug 2025

    [ ] MD ZAHARUDIN BIN MAT JUSOH

    Citation
    DD-83-136-09/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DD-83-136-09/2024 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case because of material contradictions and non‑corroboration in the victim's accounts, unresolved issues as to identity of the assailant and the motorcycle, absence of the alleged weapon and distinctive clothing as exhibits, and a serious investigative omission by the investigating officer in failing to probe the accused's alibi; accordingly the accused was discharged at the close of the prosecution case.