Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie case under section 180 cpc

Legal area

Court

3 Jul 2025

MOHD KHAIRIL ANUAR BIN CHE CHAT

Citation

RA-41LB-7-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

RA-41LB-7-06/2024 (Mahkamah Tinggi)

The court held that the prosecution failed to establish a prima facie case under section 180 Criminal Procedure Code and section 12(2) Dangerous Drugs Act 1952 because material contradictions in prosecution witnesses created two incompatible versions and inferences, one favourable to the respondent; absent compelling reasons to disturb the magistrate's factual findings, the acquittal must stand and benefit of doubt is to be given to the respondent.
17 Feb 2022

HARUN BIN DAHMAN

Citation

RA-42JSKH-1-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

RA-42JSKH-1-11/2020 (Mahkamah Tinggi)

High Court held prosecution did not make out a prima facie case at the close of its case because of material contradictions in key prosecution testimony (notably the child complainant's inconsistent accounts about the accused's clothing and who collected her) and the prosecution's failure to adduce an important exhibit (the sarong) which warranted an adverse inference; accordingly it was unsafe to call the accused to defend, conviction and sentence were quashed and the accused was acquitted and discharged.