Hamid Sultan JC::

[1] This is my judgment in respect of the prosecution’s appeal against the decision of the learned magistrate, who, without defence being called, acquitted the respondent, on the ground that the prosecution has not established a prima facie case.

[2] The respondent was charged under s 394 of the Penal Code which read as follows:

If any person, in committing or in attempting to commit robbery,

voluntarily causes hurt, such person, and any other person jointly

concerned in committing or attempting to commit such robbery, shall be

punished with imprisonment for a term which may extend to twenty years,

and shall also be liable to fine or to whipping.

The respondent in this case has been alleged to have entered into a house and assaulted a lady therein and tied her up and stolen the items as set out in the charge. Nobody witnessed the crime. Further, the victim was not able to identify the perpetrator of the crime at the time of incident. The charge reads as follows:

Bahawa kamu pada 20 Jun 2005 jam lebih kurang 6.30 pagi, di alamat No

90A, Lot 2416, Lorong Rubber Batar 14A, di dalam Bandar Kuching, di

dalam Negari Sa