Lamin Mohd Yunus PCA:

This is a joint application by the two applicants for leave to appeal to the Court of Appeal under s. 50(2) of the Courts of Judicature Act 1964 ('Act 91). On 11 January 1995 each of the applicants was preferred with a charge for an offence of using criminal force on a female adult under s. 354 of the Penal Code. They were jointly tried and the learned magistrate on 1 September 1996 acquitted and discharged both the applicants at the end of the case for the prosecution. The learned Deputy Public Prosecutor appealed. On 2 April 1997 the appeal was heard and the learned judge of the High Court, Alor Setar allowed the appeal with the order that both the applicants were to enter their defence before the learned magistrate. They were not satisfied with the decision of the learned judge and so they are now before us praying that they be granted leave to appeal to this court.

Section 50(2) of the Courts of Judicature Act 1964 reads:

(2) An appeal shall lie to the Court of Appeal, with the leave of the Court of Appeal, against any decision of the High Court in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decide