DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
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51<br />
findings of fact arrived at by the learned JC (Sheo Swarup and others v.<br />
King Emperor [1934] AIR 227, PC).<br />
Other miscellaneous issues<br />
[103] There were shortcomings that surfaced in this appeal and they<br />
are insignificant and they may be stated as follows:<br />
(a) there was an unknown male DNA recovered from the dashboard<br />
of the GEN-2 motorcar as reflected in the chemist report at page<br />
116 of the appeal record at Jilid 2 and the police did not take<br />
steps to investigate into the origin of this unknown male DNA;<br />
(b) the outcome of the identification parade was negative;<br />
(c) the swabs taken from the appellant and the deceased were<br />
negative; and<br />
(d) the CCTV was not functioning.<br />
[104] But these shortcomings cannot, in our judgment, exculpate the<br />
appellant. These shortcomings paled in comparison to the ovewhelming<br />
circumstantial evidence alluded to earlier which pointed to the guilt of the<br />
appellant. At this juncture, it is ideal to refer to section 114 of the Evidence<br />
Act 1950 which enacts as follows:<br />
“Court may presume existence of certain fact<br />
114. The court may presume the existence of any fact which it thinks<br />
likely to have happened, regard being had to the common course of<br />
natural events, human conduct, and public and private business, in<br />
their relation to the facts of the particular case.”