Pendakwa Raya v ANWARI BIN TABRANI
Catchwords
Criminal Procedure — Appeal — Appeal against acquittal — Whether Sessions Court Judge erred in finding defence raised reasonable doubt — Defence of bare denial — Whether defence amounted to bare denial — Defence raised alternative narrative supported by eyewitness testimony and physical evidence — Cautioned statement recorded early in investigation — Whether trial judge misdirected herself on burden of proof Criminal Procedure — Appeal — Role of appellate court — Interference with findings of fact — Trial judge conducted site visit — Findings based on demeanour and physical observation — Appellate court slow to disturb such findings Evidence — Burden of proof — Reasonable doubt — Mat v Public Prosecutor [1963] 1 MLJ 263 — Five-stage scaffold — Whether trial judge must acquit if defence raises reasonable doubt even if defence not believed — Proper application of burden of proof Evidence — Witnesses — Interested witness — Son testifying for father — No legal presumption that interested witness should not be believed — Evidence entitled to credence unless cogent reasons for disbelief advanced — Trial judge reminded herself of witness's interest — Weight accorded to testimony within trial judge's province Evidence — Adverse inference — Section 114(g) of Evidence Act 1950 — Non-production of witness — Defence chose not to call additional corroborative witness — Whether adverse inference should be drawn — Burden of proof never shifts to defence — Prosecution could have called witness — No adverse inference warranted Sexual Offences — Physical sexual assault on child — Section 14(d) of Sexual Offences Against Children Act 2017 — Charge of rubbing genitals against child victim — Victim's testimony detailed and consistent — Defence raised alternative narrative placing victim outside bedroom — Trial judge acquitted after site visit — Acquittal affirmed on appeal
Practice Areas
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-42jsklb-3-11-2024)