Ahmad Shahrir Mohd Salleh JC:

JUDGMENT

Introduction

[1]The parties are referred to as they were at the trial court. This is an appeal by the accused against the decision of the learned Sessions Court Judge in convicting the accused of the offence under section 457Penal Code

The charge

[2]The charge which was proffered against the accused reads as follows:

“Bahawa kamu pada 07.08.2016 jam lebih kurang 9:50 pagi bertempat di rumah alamat No. 5, Jalan Hujan Emas 10, OUG Jalan Klang Lama, di dalam daerah Brickfields, di dalam Bandaraya Kuala Lumpur, telah melakukan pecah rumah dan telah mencuri barang- barang daripada milikan Chan See Geok (No. K/P: 470326 – 10 – 5272) anggaran kerugian RM164,600.00. Oleh yang demikian, kamu telah melakukan satu kesalahan di bawah seksyen 457Kanun Keseksaan

Brief facts

[3]The complainant (PW1) and her husband lived at No. 5, Jalan Hujan Emas 10, OUG Jalan Klang Lama, Kuala Lumpur. On 07.08.2016 at about 9:50am, PW1 went out with her husband. When they came back at about 3:15pm, PW1 said that she noticed the wicket gate at the side of her house was opened. When they entered the house, PW1 said she found the grill to the front doors and the wooden doors were opened. The padlock which was used to lock the grill was busted, the alarm systems were switched off and the wires were dangling. All doors to the rooms were left opened and all drawers were drawn. The top drawer of the safe filing cabinet with the digital safe lock was drawn and all valuables which were kept there were gone and all title deeds were strewn on the floor. At the top floor, the cupboard drawers were had been taken out and put on the bed. PW1 then lodged police reports vide Petaling Report No. 7704/16 (Exhibit P1) and Petaling Report No. 7837 (Exhibit P2).

[4]Corporal Zainuddin bin Zainal (PW4) from the Forensic Laboratory Division (D10) of the Royal Malaysia Police was instructed to carry out dusting for fingerprints at the house. PW4 managed to lift 5 fingerprints at the crime scene. 2 fingerprints were lifted on the safe filing cabinet and 3 fingerprints on the cupboard drawers at the master bedroom. The fingerprints were then sent to the police headquarters at Bukit Aman.

[5]On 08.08.2016, the Assistant Registrar of Criminals for the Federation, Nasman bin Hj. Saring (PW6), received the fingerprints lifting cards online through the Royal Malaysia Police – Biometric Fingerprint Identification System (BIOFIS) from the investigating officer, Inspector Kevinder Singh a/l Makbul Singh (PW7), for verification. PW6 carried out the fingerprint verification and found that there were 3 fingerprints which matched that of the accused through the criminal record No. RJ 1595311. PW6 later notified PW7 on this result by letter dated 10.08.2016 (Exhibit P8).

[6]On 30.03.2017, PW7 brought the accused to the Police District Headquarters, Brickfields to get the accused’s fingerprints. Lance Corporal Hasbullah bin Mohamad (PW3) then recorded the accused’s fingerprints biometrically using the BIOFIS scanners. PW3 recorded all 10 fingers of the accused for fingerprints and then printed the recorded fingerprints on the RJ2 form. The RJ2 form was later printed (Exhibit P5) and surrendered to PW7. On 25.04.2017, PW6 received the physical 5 fingerprints lifting cards (Exhibits P9A to P9E) marked with the markings “Petaling Report No. 7704/16”, dated “7/8/16” and “A”, “B”, “C”, “D” and “E”, respectively, together with the RJ2 form (Exhibit P5) bearing the name of the accused. Again, PW6 made a fingerprint comparison and found that the fingerprint on the lifting card marked “A” on the lifting card matched that of the RJ2 form in respect of the accused’s fingerprint on his right middle finger. PW6 then prepared a report dated 02.05.2017 (Exhibit P10) in respect of his findings.

Findings of the trial courtPrima facie case

[7]In finding that the prosecution has succeeded in establishing a prima facie case against the accused, the learned Sessions Court Judge reasons may b