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.