27 May 2024
Zul Mazuwan Bin Zulhilman Suresh Kumar
- Citation
- PB-42S-1-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PB-42S-1-05/2023 (Mahkamah Tinggi)
High Court allowed the appellant's appeal, holding the prosecution failed to establish a prima facie case for both robbery (s.392) and assault with intent to outrage modesty (s.354). Key defects were (1) absence of direct evidence linking accused to the taking of money and no recovery of stolen money or weapon, (2) material inconsistencies and weaknesses in witness testimony (notably identification and the alleged groping), (3) poor quality and procedural flaws in the kawad cam identification, and (4) inadequate police investigation; these deficiencies rendered the conviction unsafe and requi…