29 Nov 2019
PENDAKWARAYA PP LIM YU SING
- Citation
- MB-83-139-12/2018 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- MB-83-139-12/2018 (Mahkamah Majistret)
Prosecution failed to establish a prima facie case under s.506 because the complainant's evidence contained material, credibility‑undermining contradictions with his police report (including inconsistency on the alleged words, actions, and language used), the person who assisted with the FIR was not called (invoking s.114(g) presumptions), and there existed a plausible alternative explanation; applying the maximum evaluation standard the magistrate was not prepared to convict if the accused remained silent, therefore discharge and acquittal under s.173(f)(ii) CPC was proper.