YUSSRI BIN YAHAYA v Pendakwa Raya

aa-41s-20-12-2023 High Court (Mahkamah Tinggi) 12 November 2024 • AA-41S-20-12/2023 • 23 min read
18 cases cited (0 SG, 18 foreign)

Catchwords

Penal Code – Section 354 – Appeal against conviction and sentence for sexual assault – Appellant alleged to have outraged the modesty of his stepdaughter (SP2) – SP2 claimed appellant entered her room and pressed against her body while she was asleep – Appellant argued his entry was routine and for household duties, specifically collecting laundry – Magistrate convicted appellant based on SP2’s testimony – Appellant challenged the decision citing inconsistencies in SP2’s account, lack of corroborative evidence, and strained family dynamics indicating potential motive for fabrication – Appeal allowed due to reasonable doubt. Criminal Procedure – Evaluation of Evidence – Duty of court to critically evaluate all evidence, including inconsistencies and ulterior motives – SP2’s testimony contained contradictions regarding physical interaction and refusal to clarify during cross-examination – Lack of immediate outcry– Evidence of strained familial relationships and SP2’s possible motive to fabricate allegations against the appellant – Magistrate failed to weigh defence’s plausible explanation of routine entry and household duties – Appellate court found misdirection in law and failure to judicially evaluate all evidence – Appeal allowed, conviction and sentence set aside

Judges (1)

Moses Susayan Delivered

Counsel (4)

Khairul Suhail Salwa & Co Firm Perak Legal Advisor Offices Firm Geetha Jora Singh Counsel Prosecution Siti Salwa Ja'afar Counsel Accused

Parties (2)

Pendakwa Raya Respondent Yussri bin Yahaya Appellant

Statutes Cited

Penal Code (Cap 574)

Cases Cited (18)

MY (18)
[1963] MLJ 263 [1970] 1 MLJ 16 [1974] 1 MLJ 110 [1974] 1185 MLRH 347 [1981] 1 MLRH 775 [1981] 2 MLJ 282 [2003] 2 AMR 357 [2003] 2 CLJ 19 [2003] 2 MLJ 97 [2005] 2 MLJ 301 [2012] 3 AMR 489 [2012] MLJU 321 [2017] 3 MLJ 492 [2020] 1 CLJ 63 [2020] 1 MLJ 544 [2024] 5 MLJ 323 [2024] 6 CLJ 532 [2024] AMEJ 0906

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-41s-20-12-2023)