[1] The respondent, a police inspector, was charged and tried before the Kota Kinabalu High Court with the murder of one Kartini Borhan, his intimate friend. The charge read as follows:-

"That you on the 29 th day of September 2011 between the hours of 4.00 am and 5.00 am, in the house located at Lot 7 , Phasa 5, Taman Adika, Keningau, in the District of Keningau, in the State of Sabah, did commit a murder by causing a death to one Kartini Borhan (NRIC: 840512-12- 6008) and thereby committed an offence punishable under s 302 of the Penal Code .".

[2] At the close of the prosecution's case, the respondent was acquitted and discharged by the learned trial Judge without his defence being called ("impugned order").

[3] Aggrieved by the said order of acquittal and discharged, the Public Prosecutor ("PP") has now appealed to this Court urging the reversal of the said impugned order.