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1983 MarsdenLR 218

SHANKAR
ABDUL KADIR BIN ABDUL RAHMAN – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
RK Menon for the appellant.
Abdul Rahim bin Uda (Deputy Public Prosecutor) for the respondent.
Solicitors: RK Menon & Co.

Shankar J

The appellant was charged on February 18, 1982 in the Sessions Court at Johore Bahru as follows: —

"That you on January 8 1976, at the Post Office, Scudai, in the District of Johore Bahru, in the State of Johore, being a Public Servant, to wit, the Postmaster of the said Post Office, and in such capacity were entrusted with $200.00 cash belonging to the Government of Malaysia, being money deposited with the Post Office Savings Bank Malaysia, vide Post Office Savings Account No. Scudai 1954 committed criminal breach of trust of the said property, and that you have thereby committed an offence punishable under section 409 of the Penal Code."

He was represented by counsel. After the charge was read and explained and understood the appellant pleaded guilty.

The Prosecuting Officer then gave the court a short summary of the facts.

I do not propose to set out that summary in full in this judgment. Suffice it to say that after setting out the background the Prosecuting Officer added that the accused had received the sum of $200/- from the complainant, had made the relevant entry into the complainant's savings bank book, but had not made a corresponding entry into the register co

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