Malaysia Case Law: Decisions & Judgments

Topic

Alibi and s402a cpc

Legal area

Court

17 Dec 2025

MOHD ZULFADLI BIN NAYAN

Citation

JA-42R-2-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-42R-2-06/2025 (Mahkamah Tinggi)

The appeal was dismissed because the amended charge was not defective; the prosecution established a prima facie case on credible eyewitness evidence; the statutory presumption in section 50(3) MACC Act 2009 was properly invoked after primary facts were proved and was not rebutted on balance of probabilities; s52(1) MACC Act 2009 excludes treating the key witnesses as accomplices requiring corroboration; the alibi was internally inconsistent, not disclosed timely and treated as an afterthought; and the twenty‑month sentence was within lawful discretionary range and not manifestly excessive gi…
17 Jun 2020

1. Kagatree a/p Pechi 2. Murugan a/l Perumal

Citation

AB-45B 01-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

AB-45B 01-09/2017 (Mahkamah Tinggi)

On the totality of circumstantial evidence — CCTV placing first accused at scene, discovery statement and recovered looted items linked to both accused, cohabitation and movements, admission regarding T‑shirt, credible expert pathology establishing death by asphyxia, and improbability of recent invented defences — the court found the prosecution proved beyond reasonable doubt that both accused committed the act causing death under s300(c) PC in furtherance of a common intention under s34 PC; alibi and late invented defences failed to raise reasonable doubt, warranting conviction and statutory…

Malaysia Case Law

MOHD ZULFADLI BIN NAYAN

1. Kagatree a/p Pechi 2. Murugan a/l Perumal