[ Offences (2) under section 384 and 385 of the Penal Code; minimum sentences provided for; prosecution’s inaccurate drafting of particulars of both counts; wrong application of sections to the particular offences; sentences not affected: 3 years and 2 strokes under section 385 and 2 years and 1 stroke under section 384. Medical recommendation to Prison doctor. ]

MUHAMMAD AFHAM WAFI BIN BUJANG v PUBLIC PROSECUTOR

CM/52/2020

Decision date: 9 June 2021