12 May 2022
ABDUL AZIZ BIN ISMAIL [ ]
- Citation
- AB-42S-1-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-42S-1-02/2021 (Mahkamah Tinggi)
The appeal court found the charge materially defective because the particulars describe acts amounting to outrage of modesty under section 354 while the prosecution charged attempted rape under section 376(3) read with section 511; the accused was thereby misled and suffered an unfair trial. Further, the evidence did not establish beyond reasonable doubt that the accused had progressed beyond preparation to an attempt to rape; accordingly there was miscarriage of justice and the conviction was quashed with the accused acquitted and discharged.