AGC files appeal against Yusoff Rawther's acquittal
In a statement today, the AGC said the appeal challenges the High Court's June 12 ruling which acquitted the accused without calling for his defence at the close of the prosecution's case, under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and Section 36(1) of the Arms Act 1960 (Act 206).
'Upon careful consideration of the learned High Court judge's decision, we have filed a notice of appeal earlier today against the acquittal and discharge,' the statement read.
'Section 39B(2) of Act 234 provides for the death penalty or life imprisonment, and if the death penalty is not imposed, the sentence shall include not less than 12 strokes of the cane. Section 36(1) of Act 206 carries a maximum sentence of one year's imprisonment, a fine not exceeding RM5,000, or both,' it added.
On June 12, Judge Datuk Muhammad Jamil Hussin acquitted Muhammed Yusoff, 32, after ruling that the prosecution had failed to establish a prima facie case against him at the end of its case.
In his judgment, the judge said the prosecution had failed to prove that he had custody, control, or possession of the two imitation firearms and the drugs in question, based on the testimony of prosecution witnesses.
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