Malaysia Case Law: Decisions & Judgments

Topic

Discharge at close of prosecution

Legal area

Court

17 Apr 2026

MUHAMMAD IZZUL FITRI BIN ATAN

Citation

BL-62JSK-29-05/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-62JSK-29-05/2024 (Mahkamah Sesyen)

The prosecution failed to establish a prima facie case under s.14(a) AKSTK 2017 because the complainant's testimony contained material inconsistencies with itself and with exhibits/medical reports, there was no reliable corroboration, and on maximum evaluation the evidence was not sufficiently credible to call the accused to answer; therefore the accused was discharged and acquitted at the close of the prosecution case.
9 Dec 2022

ASHRANI AIZZUDDIN BIN ABD RAHNI

Citation

BA-82-9-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-82-9-09/2020 (Mahkamah Majistret)

Applying the prima facie test the court found the prosecution evidence insufficient to support conviction beyond reasonable doubt: complainant's conduct (re-entering and remaining in vehicle), inconsistencies, minimal injuries on medical evidence and possibility of self-infliction undermined causation and intent; accordingly no prima facie case was made and the accused was discharged and acquitted.
26 Sept 2022

[ ] 1. ) SHAAMU A/L RAJAN 2. ) Shashikumar A/l Kunasegeran

Citation

BA-45B-32-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45B-32-09/2020 (Mahkamah Tinggi)

Prosecution proved death and forensic cause of death but failed to prove beyond prima facie standard that Tertuduh 2 and Tertuduh 3 caused the injuries or shared a common intention with the assailants; mere presence at scene without evidence of participation or prior plan is insufficient under s.34; therefore no prima facie case against Tertuduh 2 and Tertuduh 3 and they must be discharged.
28 Jul 2020

1. Saktieswaran A/L Gunaseelan 2. Muhamad Syafiq bin Abdul Rahman

Citation

WA-62D-710-10/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62D-710-10/2019 (Mahkamah Sesyen)

On maximum evaluation the prosecution failed to prove a prima facie case: the arresting officer's evidence was not credible or sufficiently corroborated, the site was open and accessible so access by others could not be excluded, there were material unexplained discrepancies in weights and a break in chain of custody, and those defects raised reasonable doubt — therefore both accused were discharged and not called to enter defence.

Malaysia Case Law

MUHAMMAD IZZUL FITRI BIN ATAN

ASHRANI AIZZUDDIN BIN ABD RAHNI

[ ] 1. ) SHAAMU A/L RAJAN 2. ) Shashikumar A/l Kunasegeran

1. Saktieswaran A/L Gunaseelan 2. Muhamad Syafiq bin Abdul Rahman