Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Investigative failures
  • 12 Sept 2024

    ABDUL ALIM BIN RAUL

    Citation
    JA-62JSK-53-10/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-62JSK-53-10/2020 (Mahkamah Sesyen)

    The prosecution failed to prove a prima facie case under s.14(a) Akta 792 because the complainant's evidence was inconsistent and materially contradicted her police report and other contemporaneous accounts; medical examination did not corroborate the alleged act; the investigating officer failed to take and test material witness statements (friends, teachers, children present) creating a lacuna in the prosecution case; and the evidence adduced did not establish the statutory element of 'touching' as charged. Accordingly no prima facie case was made out and the accused was acquitted.