Mughanga & Anor. Crim. App. 75, 76-D-71; 28/12/71; Mnzavas, J.

Mughanga & Anor. 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.