PP vs ASIHAR KAMARUDDIN & OTHER CASES

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT MALAYA IPOH
PP – Appellant
Versus
ASIHAR KAMARUDDIN & OTHER CASES – Respondent

Petitioner Advocates:V Santhiran ,Respondent Advocate: Geetha Jora Singh

Table of Content
1. overview of case facts and incident details. (Para 1 , 3 , 4 , 5 , 6 , 7)
2. arguments regarding the appeal's basis. (Para 2 , 12 , 13 , 27 , 30)
3. court's observations on the trial's procedural errors. (Para 8 , 9 , 10 , 14 , 15 , 16 , 19 , 22 , 23)
4. ratio decidendi on evaluation of defence credibility. (Para 11 , 17 , 18 , 20 , 21 , 26)
5. conclusion and outcome of appeals. (Para 24 , 31 , 32 , 33)

Moses Susayan JC:

Introduction

[1] This is the judgment of this Court on the consolidated criminal appeals filed by the appellant, Asihar bin Kamaruddin, against the conviction and sentence, and appeal by the prosecution on sentence, imposed by the learned Sessions Court Judge in Teluk Intan in Case No AC-62JSK-26-12/2022 and AC-62JSK-27-12/2022. The appellant was convicted under s 14(a) of the Sexual Offences Against Children Act 2017 ("Act 792") for acts of physical sexual assault against his niece, a child aged 17 years and 10 months at the material time.

[2] The crux of the appeal lies in the appellant's assertion that the trial Court had misdirected itself in rejecting his defence on the erroneous basis that the defence was not put during the prosecution stage, des

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HIGH COURT MALAYA IPOHPP – AppellantVersusASIHAR KAMARUDDIN & OTHER CASES – Respondent

Cases Referred (8)

HIGH COURT MALAYA IPOH
PP – Appellant
Versus
ASIHAR KAMARUDDIN & OTHER CASES – Respondent