SYED FAKRULRAZI BIN SYED ABDUL RAHMAN v Pendakwa Raya

ma-42s-3-08-2025 High Court (Mahkamah Tinggi) 24 May 2026 • MA-42S-3-08/2025

Catchwords

Criminal Appeal – Decision from the Sessions Court – Appeal against conviction and sentence- Accused charged for causing grievous hurt to his wife – An offence punishable under Section 325 Penal Code read together with section 326A Penal Code - Accused claimed trial – A prima facie case was established and accused was called upon to enter his defence – The accused gave evidence under oath - At the end of the case, accused was convicted and sentenced – Only one ground of appeal raised by the accused to attack the conviction – That the Sessions Court admitted inadmissible evidence – Fracture of nasal bone stated in victim’s medical report is hearsay evidence – The Medical Officer who prepared the report did not take the X-ray – Failure to call the radiologist who took the X-ray as a witness – To establish fracture of the victim’s nasal bone - Whether there is a need to call the radiologist or radiographer – Whether there is a need to produce the X-ray – Whether is there a need to call the radiologist when the medical report had been duly admitted in evidence pursuant to section 399 of the CPC– Failure by the accused to give notice under section 399 of the CPC to require strict proof.

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (2)

Pendakwa Raya Respondent Syed Fakrulrazi bin Syed Abdul Rahman Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ma-42s-3-08-2025)