Pendakwa Raya v AKMAL HAKIM BIN HADI MUNIR

ja-42jsklba-2-11-2024 High Court (Mahkamah Tinggi) 5 October 2025 • JA-42JSKLB(A)-2-11/2024

Catchwords

CRIMINAL PROCEDURE: Appeals – Appeal against acquittal – Acquittal at close of defence case – Standard of proof beyond reasonable doubt – Whether prosecution proved case beyond reasonable doubt – Whether defence successfully raised reasonable doubt – Whether trial judge erred in assessment of evidence – Whether appellate court should interfere with trial court's findings on credibility and witness demeanour – Principles of appellate intervention – Whether trial court's findings plainly wrong or against weight of evidence EVIDENCE: Child witnesses – Sexual offences against children – Uncorroborated testimony of child witness – Section 18 of Sexual Offences Against Children Act 2017 – Section 2D of Evidence Act 1950 (Evidence of Child Witness (Amendment) Act 2024) – Whether conviction may be based on uncorroborated child testimony – Whether child testimony must be "unusually convincing" – Application of prudence rule in child sexual offence cases – Credibility assessment of child witness – Inconsistencies between police report and court testimony – Whether minor inconsistencies constitute material contradictions – Whether differences in detail between concise police report and elaborate court testimony material – Corroboration – Complaint made at first opportunity – Whether complaint to parent constitutes corroboration under Section 157 and Section 8 of Evidence Act 1950 – Whether subsequent withdrawal of complaint affects corroborative value – Absence of supporting evidence from other potential witnesses present at scene – Whether failure to record statements from other students present creates reasonable doubt – Whether absence of supporting evidence in public setting contributes to reasonable doubt – Adverse inference under Section 114(g) of Evidence Act 1950 – Whether adverse inference may be drawn when evidence not obtained versus when evidence withheld or suppressed – Whether witnesses must be material and essential before adverse inference arises CRIMINAL PROCEDURE: Defence – Whether defence must be put to prosecution witnesses during cross-examination – Whether failure to put defence constitutes afterthought – Whether defence not put to prosecution witnesses should be rejected – Application of rule where factual context (COVID-19 protocols) acknowledged by prosecution witness – Taking of judicial notice of facts of public knowledge

Practice Areas

CRIMINAL PROCEDURE: Appeals

Judges (1)

Atan Mustaffa Yussof Ahmad Delivered

Parties (2)

Pendakwa Raya Appellant Akmal Hakim bin Hadi Munir Respondent

Case Significance

Pendakwa Raya v AKMAL HAKIM BIN HADI MUNIR is a High Court (Mahkamah Tinggi) decision dated October 5, 2025 (citation: ja-42jsklba-2-11-2024). The case was decided by Atan Mustaffa Yussof Ahmad.

What was the outcome of Pendakwa Raya v AKMAL HAKIM BIN HADI MUNIR?

Pendakwa Raya v AKMAL HAKIM BIN HADI MUNIR is a High Court decision dated October 5, 2025. The case was heard by Atan Mustaffa Yussof Ahmad. See the full judgment for details.