Crim. App. 75, 76-D-71; 28/12/71
Mnzavas, J.
The two appellants were jointly
charged with and convicted of house-breaking c/s 296(1) of the Penal Code and
were convicted and sentenced under the Minimum Sentences Act.
It was established that on 19/9/70 the
complainant’s shop was broken into and property valued at Shs. 1,237/- was
stolen including Shs. 1,510/- hard cash. On the following day the first
appellant was arrested and was found with Shs. 500/= in Shs. 100/= currency
notes but could not explain satisfactorily as to how he got the money. As for
the second appellant, when his house was searched, certain clothes which the
complainant identified as belonging to him were found.
HELD:
(1) “Taking into account the fact that the two appellants were found in
possession of money as well as clothes hardly two days after the breaking of
complainant’s shop, the only reasonable inference in the absence of a
reasonable explanation by the accused as to how they came to be in possession
of the same it that they were not only the thieves but also the people who
broke into complainant’s shop.”
(2) Appeal dismissed.
No comments:
Post a Comment