Pendakwa Raya v RULAM AKBAL BIN ABD MANAN
8 cases cited
(0 SG, 8 foreign)
Catchwords
Criminal Law — Outraging modesty — Section 354 of the Penal Code — Traditional healing treatment — Accused touched complainant's private parts during Islamic spiritual healing — Whether accused had criminal intention to outrage modesty — Whether touching done with consent — Whether accused's actions justified as treatment — Whether defence raised reasonable doubt — Whether acquittal at end of defence case should be affirmed Evidence — Documentary evidence — Police report — Exhibit P11 — Complainant's police report stated that accused asked for permission to touch for treatment purposes and complainant allowed — Whether report contradicted complainant's oral testimony — Whether report supported accused's defence — Section 7 Evidence Act 1950 Evidence — Witnesses — Prosecution witness — SP4 — Witness present throughout treatment — Witness confirmed consent was given — Witness confirmed same treatment method used on her daughter with positive results — Whether evidence of prosecution witness could support accused's defence — Credibility of witness Practice and Procedure — Appeal — Appellate intervention — Findings of fact — Trial court advantage of seeing and hearing witnesses — Whether appellate court should interfere with findings of fact — Whether trial court plainly wrong — Whether proper judicial appreciation of evidence — Standard of appellate intervention
Practice Areas
Judges (1)
Counsel (5)
Statutes Cited
Evidence Act 1950 (Cap 56)
Penal Code (Cap 574)
Cases Cited (8)
MY (8)
[1963] MLJ 263 [1964] MLJ 64 [1967] 1 MLJ 210 [1972] 2 MLJ 47 [1985] 2 MLJ 200 [1995] 3 MLJ 395 [2014] 4 MLJ 875 [2020] 1 MLJ 544
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-41lb-10-09-2025)