Eusoff Chin CJ:

[1] I have studied the grounds of judgment written by both my learned brothers Tan Sri Mohd Azmi FCJ and Tan Sri Edgar Joseph Jr FCJ. I agree with and fully support the judgment written by Tan Sri Edgar Joseph Jr FCJ, and its reasonings.

[2] The crux of the arguments before us is centred on the interpretation of s 180 of the Criminal Procedure Code which states:

180. Procedure When the case for the prosecution is concluded the Court, if it after finds that no case against the accused has been made out which conclusion if unrebutted would warrant his conviction shall record an order of case for of acquittal, or, if it does not so find, shall call on the accused prosecution to enter on his defence.

[4] When, at the close of the case for the prosecution, every ingredient is proved, then there is a case for the accused to answer.

[5] When the case for the prosecution is concluded it is the duty of the Court to scrutinise and evaluate the evidence and to decide whether or not there is a case for the accused to answer.

[6] If there is no case t