Abdul Kadir bin Sulaiman J:

This is an appeal by the public prosecutor against the decision of the learned Magistrate acquitting and discharging the respondent who was the accused before the learned Magistrate, after hearing his defence.For purpose of record, this case against the accused on a charge of outraging the modesty under s. 354 of the Penal Code was earlier acquitted and discharged by him at the close of the prosecution case without calling the accused to enter upon his defence.The public prosecutor appealed against that decision and Denis Ong J who heard the appeal of the public prosecutor, allowed the appeal and ordered the defence of the accused be called.Hence the calling of the defence resulting in the accused again being acquitted and discharged after his defence is heard.

In this present appeal, altogether 10 grounds were put up by the public prosecutor.Of the 10 grounds of which some of them overlap one another, grounds 8 and 9 are of paramount importance for this Court to decide first before considering the other grounds of appeal.In essence, the appeal on these two grounds is that the learned Magistrate has erred in refusing the application of the prosec