DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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52 [105] And Illustration (a) to section 114 of the Evidence Act 1950 is useful to refer to. It reads as follows: The court may presume – “ILLUSTRATIONS (a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession;” [106] The Court may presume that the appellant was in possession of the eight (8) gold chains that were found in the front right pocket of the appellant’s trousers soon after the robbery and the appellant must account for his possession of those gold chains within the meaning of section 114 Illustration (a) to the Evidence Act 1950. [107] And whether the deceased went by the name of ”Zulkifli bin Ali” like what was mentioned by SP1 or by the name of “Zulkifli” as mentioned by the appellant in his defence or by the name of “Zulkipli bin Ali” as mentioned in the police report of SP15, in our judgment, it does not affect the substratum of the prosecution’s case in that it was the appellant who committed those two offences as per the two charges based on the solid circumstantial evidence presented by the prosecution.
Rebuttal evidence 53 [108] The appellant had just finished testifying and he has two more witnesses to call. Before those two witnesses were called, the learned deputy public prosecutor elected to call a rebuttal witness in the person of ASP Mustafa Kamal Ghani bin Abdullah (RW(P)). The learned JC permitted the rebuttal witness to be called at that stage. [109] The complaint was that the rebuttal witness was called in the middle of the defence case. On this point, reference should be made to section 425 of the CPC which enacts as follows: “Power of Court to summon and examine persons 425. Any Court may at any stage of any inquiry, trial or other proceeding under this Code summon any person as witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.” [110] This section gives a wide power to the Court at any stage of inquiry, trial or other proceeding to summon, examine, re-examine any person in attendance or those who have given evidence if their evidence is essential to the just decision of the case. In short, the rebuttal evidence can be introduced during the defence case at any time so long as it is essential to the just decision of the case (Public Prosecutor v Phon Nam [1988] 3
Page 1 and 2: 1 DALAM MAHKAMAH RAYUAN MALAYSIA (B
Page 3 and 4: 3 iaitu sepucuk pistol telah menyeb
Page 5 and 6: 5 10.10.2007. Exhibit “P9” was
Page 7 and 8: 7 robbery and he circulated that in
Page 9 and 10: 9 downwards. When the driver of the
Page 11 and 12: 11 pistol which was located underne
Page 13 and 14: 13 (e) one red and blue coloured ba
Page 15 and 16: 15 motorcar was stopped, SP15 told
Page 17 and 18: 17 [32] The appellant testified tha
Page 19 and 20: 19 said, “Haizat, tolong aku ni p
Page 21 and 22: 21 S : Kamu tidak pernah berjumpa O
Page 23 and 24: 23 irresistible inference that the
Page 25 and 26: 25 advice of Suffian LP in Jayarama
Page 27 and 28: 27 driver’s seat of the Proton GE
Page 29 and 30: 29 CPC for the government chemist t
Page 31 and 32: 31 GEN-2 motorcar had just been use
Page 33 and 34: 33 “Finding dalam P6 ini adalah d
Page 35 and 36: 35 Pilah-Seremban road some 15 kilo
Page 37 and 38: 37 [66] Learned defence counsel was
Page 39 and 40: 39 [74] The strength of the prosecu
Page 41 and 42: 41 these assumptions are mere specu
Page 43 and 44: 43 [86] It was also submitted by le
Page 45 and 46: 45 [91] So, at least ten (10) days
Page 47 and 48: 47 [94] The sum total of it all wou
Page 49 and 50: 49 ini telahpun disangkal seawal ya
Page 51: 51 findings of fact arrived at by t
Page 55 and 56: 55 legal basis for the reception of
Page 57 and 58: 57 from the same Styer pistol (exhi
Page 59 and 60: Counsel 59 (1) For the Appellant Ac

DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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