This is an appeal against the decision of the learned Magistrate, Kota Tinggi, Johor who had acquitted and discharged an accused, one Kenneth Francisco who was charged under section 506 Penal Code , without his defence being called.

The learned Deputy Public Prosecutor, Puan Haslinda Abu Bakar appeared for the appellant and the learned Mr. Marimuthu appeared for the respondent who was also present. [2]

The petition of appeal appeared at pages 2 and 3 of the Appeal Record, enclosure 7. At the commencement of the hearing before this Court, the learned DPP conceded that the evidence found in this instant case points to an offence being committed under section 324 Penal Code rather than the offence of criminal intimidation under section 506 . It was therefore her submission that the prosecution has succeeded in proving beyond any reasonable doubt that the respondent has committed an offence under section 324 of the .

It was the submission of the learned DPP that in the book "Law of Crimes" by V.V. Raghavan, 2nd edition that three facts need to be established in the offence of voluntarily causing hurt by dangerous weapons or means under section 324 Penal Code and these are as