This is an appeal by the Public Prosecutor against the order of acquittal and discharge of the accused made on August 30, 1979 by the Magistrate at Kuala Lumpur. The accused was charged for extortion under section 384 of the Penal Code. He was alleged to have extorted a sum of $500 from one Low Tuck Seng on October 16, 1978 at about 2.00 p.m. at No. 22, Jalan Walter Grenier, off Jalan Imbi, Kuala Lumpur.

In this case, the learned Magistrate found that the prosecution had established a prima facie case under section 384 of the Penal Code which, if unrebutted, would warrant a conviction. The defence was one of alibi. It was the contention of the accused that at about 2.00 p.m. on October 16, 1978, i.e. when the alleged offence was committed, he was in Slim Village, Perak, and was supervising workers in a rubber estate owned by his father and, as such, he could not have committed the offence at Kuala Lumpur. Four witnesses, Sadimin bin Sintono and Krishnan s/o Munusamy including the accused (DW1) and his wife Loke Leng How (DW2), gave evidence in support of the alibi. According to Sadimin (DW3), an estate labourer working for the accused, he saw the accused in the rubbe