Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Non-physical sexual assault
  • 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.