10 Jan 2022
PENDAKWARAYA PUBLIC PROSECUTOR RAMAN A/L PERIASAMY
- Citation
- BK – S2 – 62JSK – 12 – 05 -2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BK – S2 – 62JSK – 12 – 05 -2020 (Mahkamah Sesyen)
Maximum evaluation of prosecution evidence exposed material, unaddressed contradictions and investigative deficiencies that fatally undermined credibility and reliability of key prosecution witnesses including the child witness; the child’s evidence was not 'unusually convincing' nor sufficiently corroborated and prosecution’s failures (late sketch plan disclosure, failure to seize impugned item, inadequate lighting inquiry) justified adverse inference and destroyed any prima facie case under s.180 CPC — therefore accused must be acquitted and discharged without being called to enter defence.