JUDGMENT

Aslam Zainuddin JC

[1] The Respondent who was the accused in this case was charged for an offence under s 409 of the Penal Code in the Sessions Court below. At the end of the prosecution case, the learned Sessions Court judge found that the prosecution had failed to make out a prima facie case against the Respondent on the charge preferred against him and therefore ordered the Respondent to be acquitted and discharged of the same. The Public Prosecutor being aggrieved, has filed an appeal to the High Court. The English translation of the charge against the Respondent reads as follows:

'That you on 1/8/2017 at the Kuala Lumpur Road Transport Department, 53300 Setapak, in Wangsa Maju District, in the Federal Territory of Kuala Lumpur as an agent entrusted by Faigam Tuning PLT Company to sell a BMW car model M6, valued at RM411,370.00, committed criminal breach of trust by fraudulently selling the car without the consent and knowledge of the owner and failed to hand over the sale proceeds of RM411,370.00 to Faigam Tuning PLT Company, and you have committed an offence punishable under s 409 of the Penal Code and if convicted you may be imprisoned for a term of not less than t