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cOMMENTS
Agree
1. Prosecution was not well prepared.
- Prima facie & links between substantial evidences
2. Important issues
- Identification parade
- Circumstantial evidences
- Reasonable doubt
ACCUSED WAS ACQUITTED & DISCHARGED WITHOUT CALLING FOR DEFENCE
3. Supporting Site Evidences
blood samples
DNA analysis
post mortem
Process of gathering evidence
Chain from forensics to chemists were not clear, no valid source identification
No necessary link to prove the accused & deceased
1. Car used at instance
*contadictory claims
LEGAL PRINCIPLES
RATIO DECiDENDI
1. Charge could not stand.
Criminal case falls when prosecution fails to establish a prima facie
2. DNA leads to draw inference.
Value still remains as the judge perceives
PW5 does not know whom.
2 years later she admitted that victim went out with the accused in the acclaimed car as said by PW7
1. PW7 testimony is unreliable
No identification can be done on first encounter. Hence, failure of prosecution gives credit to accused.
Sister (PW7)
2. Contradictory statements between P5 & P8
When statements contradicts, it benefits the accused.
En. Bakar bin Amin as PW7 claimed the accused borrowed his car.
Only identification was "lelaki melayu"
3. Sample of Evidences
Prosecution failed to introduce basic facts & links to connect the accused with conviction.