Terrell A-G CJ:

In a judgment which I delivered in a recent Magistrate's Appeal No. 75 of 1940 (Fuan Ah Pock v. Rex) I ruled that the principle of requiring corroboration in the case of accomplices was equally applicable where the conviction depends on the unsworn evidence of a child, and followed the ruling of the Johore Court of Appeal in the case of Lee Mion v. the PP of Johore 3 MLJ p. 124. It follows from this that just as by rule of law one accomplice cannot corroborate another, so one witness of tender years cannot corroborate another witness of tender years.

It was, of course, open to the Magistrate, while fully cognisant of the danger of accepting uncorroborated evidence, nevertheless to do so. In the present case, however, the learned Magistrate, though warned by the argument of Counsel that corroboration was necessary, states in his grounds of judgment that one child witness corroborated the other. This negatives an inference that might otherwise have been drawn that he accepted the evidence of either witness without corroboration.

The learned Magistrate, therefore, clearly misdirected himself. The appeal must, therefore, be allowed, the conviction quashed and the sentences set aside.

Appeal allowed.