complaint as conduct, how?

How could complaints make by a complainant be treated as conduct under section 8 of Evidence Act 1950? This could be answer by looking into the analysis of section 8(2) and 3 cases as followed:

1. section 8(2), this section is relating to conduct of:
(i)  any party or agent of any party (eg: family members) to any suit or proceeding in reference to that suit or proceeding;
(ii)  any party or agent of any party in reference to any fact in issue therein or relevant thereto;
(iii) any person an offence against whom is the subject of any proceeding;
no matter it was previous or subsequent thereto as long as it influences or is influenced by any fact in issue or relevant fact.

explanation: in section 8(2), TWO requirements are set up: Firstly, the nature of conduct must have influencing factors and has no time limit. Secondly, the parties of who the conduct was relevant (as stated above).

In Explanation 1 & 2, they function as exception clause in a way that it excluded the admission of mere statement.to regard as a conduct unless the statement made is relevant to the conduct. However, the mere statement might be relevant under other section in Evidence Act.

2. case of Aziz bin M. Din v PP, in this case discuss the issue of STATEMENT vs COMPLAINT

STATEMENT:
(i) relevant only as corroborative evidence under section 157
(ii) restricted by section 73A(7) (restriction on admissibility of statement in civil suit)
(iii) could only prove knowledge and no evidence conduct

COMPLAINT:
(i) relevant as it is also part of res gestae under section 6
(ii) not subject to section 73A(7)
(iii) not mere knowledge but is a kind of feeling with a view to punish and is made to authority (eg: police)

3. case of PP v Ku Hong Chua

Facts: The accused was charged with rape. The crucial question as whether there was consent on the part complainant to the sexual intercourse.
Held: complainant made the complaint almost immediately after the incident, this gave her no opportunity for reflection to falsely incriminate the accused out of remorse. Moreover, the police officer's evidence shown that complainant's appearance where her hair looked disordered, the way she holding her stomach and her dress was ruffled. And she looked weak.
Based on all these observation, it made the complaints to the police officer to be validly taken as relevant fact. This was in line with Illustration (j) under section 8.

4. case of PP v M. Terang b Amit

Facts: PP appealed against the decision that Respondent was acquitted on the charge of using criminal force to outrage the modesty of victims (students of age average 12) on the ground that there was no report made in first reasonable opportunity.
Held: the magistrate had failed to consider that the complainants were all school children so they might not possessed the idea to lodge a report and do not have the opportunity to lodge it. That made their report turn to be admissible.
Principle: if there was a valid reason in failing to file a report shortly as mentioned in Illustration (j), it do not invalidate the admissibility of the complaint.

5. conclusion
Basically, these were the matters which had to take into account before a complaint could be considered as a conduct and become admissible in court under section 8 of Evidence Act.