Augustine Paul JC:

[1] The charge preferred against the accused in the Magistrates' Court at Melaka is as follows:

Bahawa kamu pada 13 Januari 1997 antara jam 2:30 petang hingga jam 4:00 petang di Kampong Arongan, Pulau Sebang di dalam Daerah Alor Gajah, di dalam Negeri Melaka, dengan niat curang telah mengambil harta yang boleh dipindahkan iaitu wang tunai sebanyak RM3,800 kepunyaan Encik Cha How Lek KP 510724-05-5091 tanpa kebenarannya, oleh yang demikian kamu telah melakukan kesalahan dan boleh dihukum dibawah s 379 Kanun Keseksaan.

[2] When the charge was read and explained to the accused he pleaded guilty. The learned magistrate was satisfied that the accused understood the nature and consequences of his plea. The prosecution then tendered a statement of facts which disclosed that on 13 January 1997 the complainant who was doing renovation work at certain premises stopped work as it was raining. He placed his purse on a pillar and took a rest. He soon fell asleep. When he woke up he found that cash amounting to RM3800 was missing from his purse. The accused who was one of his workers was also missing. The complainant then made a police report. The accused was arrested on