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1970 MarsdenLR 261

SYEDIL BARAKBAH
RATTAN SINGH – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
For the appellant - Edgar Joseph Jr. (Chan Choong Tak with him); Joseph & Son For the respondent - Ahmad bin Abdul (DPP)

JUDGMENT

Syed Agil Barakbah J:

The appellant was tried in the sessions Court, Port Dickson, on a charge of corruptly accepting an illegal gratification. He was convicted and fined $1,500 in default to six months' imprisonment by the learned president. Against this conviction he has now appealed. The learned public prosecutor has also filed a cross-appeal against inadequacy of sentence. The charge reads as follows:

That you on the 7 November 1968, at about 7.30 p.m. at your quarters PWD No. 215 Cunningham Road, Port Dickson, in the District of Port Dickson, in the State of Negri Sembilan, being an agent of the Government of Malaysia, to wit a Chief Inspector of Police, did corruptly accept a gratification, to wit a sum of $200 cash from one Ng Ngee @ Ng Ah Kam (m) as an inducement for forbearing to do an act in relation to your principal's affairs, to wit not

to proceed with the prosecution of the said Ng Ngee @ Ng Ah Kam on a charge of house breaking and theft by night under s. 457 Penal Code; alternatively dishonestly retaining stolen property under s. 411 Penal Code vide Port Dickson report No. 1577/66, and that you thereby committed an offence punishable under s. 4(a) of the P

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