SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1983 MarsdenLR 191

WAN YAHYA
PIE BIN CHIN – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
FH D Cruz (Rashid All with him) for the appellant.
Abdul Wahab bin Said Ahmad (Deputy Public Prosecutor) for respondent.
Solicitors: Rashid Ali & Co.

Wan Yahya J

The Appellant was charged under section 4(a) of the Prevention of Corruption Act. It was alleged that in the capacity of agent of the Government of the Federation he accepted various sums as gratification in respect of his principal's affairs. The main evidence against him came from the complainant whom the learned President unhesitatingly held to be an accomplice. The learned President believed the complainant's evidence as a whole and in particular to the sums which were alleged to have been paid to the Appellant, but wisely looked elsewhere for corroboration before accepting his evidence. He found the required corroboration from the wife (PW 2) whom he held not to be an accomplice, as well as from another witness (PW 6).

In this appeal the learned President's grounds of judgment were severely objected to on four main grounds. First it was contended that the charge was erroneously framed, as the Appellant, being a Penghulu attached to the State Land Office and discharging his duty in connection with lands, is in fact a servant or agent of the State rather than the Federal Government. Secondly it was argued that, as the complainant's evidence varied on some matters wit

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top