MOHD RIDHUAN BIN KASAH v Pendakwa Raya

ca-42ra-2-02-2024 High Court (Mahkamah Tinggi) 2 November 2025 • CA-42R(A)-2-02/2024

Catchwords

Criminal law — Corruption — Public servant — Acceptance of gratification — Two charges — s. 17(a) Malaysian Anti-Corruption Commission Act 2009 — Presumption under s. 50 — Elements of offence Criminal procedure — Absence of grounds of judgment — Whether appeal or criminal revision — Powers of High Court — ss. 310, 316, 323, 325 Criminal Procedure Code — Appeal heard substantively Evidence — Duty of prosecution — Failure to call material witness — Whether fatal to prosecution’s case — No adverse inference under s. 114(g) Evidence Act — Acquittal warranted where essential elements not proved Appeal — Conviction — First charge unsafe — Acquittal — Second charge proved beyond reasonable doubt — Acceptance of marked money — Trap operation — Presumption unrebutted Appellate review — Findings of fact — Trial court misdirection on first charge — No error on second charge — Appellate restraint Outcome – Appeal by accused allowed in part — Conviction on first charge set aside and accused acquitted — Appeal on second charge dismissed — Conviction and sentence on second charge affirmed.

Practice Areas

Criminal Law Criminal Procedure

Judges (1)

Mohd Radzi bin Harun Delivered

Parties (2)

Pendakwa Raya Respondent Mohd Ridhuan bin Kasah Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ca-42ra-2-02-2024)