R. v. Abdallah Crim. Rev. 30-D-71; 27/4/71; Biron J.

R. v. Abdallah Crim. Rev. 30-D-71; 27/4/71; Biron J.

            The accused was convicted on his own plea of being in possession of property suspected to have been stolen or unlawfully obtained c/s 312 of the Penal Code. The facts which were not disputed were to the effect that on the material date, the accused visited a bar in kunduchi village. In the same bar was a man who had been drinking and had dozen off. This man had a portable radio and torch nearby which the accused took. The accused was later found in possession of this radio and torch, and he was arrested and charged. The accused was then recorded as saying; “I admit all what has been said by the police. I stole the radio and torch from a person whom I was sharing drinking the beer. I do not know the name of the owner of these articles.”

                        Held (1) “Although, as has often been remarked, section 312 of the Penal Code, where under the accused was convicted, creates a highly technical offence, it is obviously no mere technicality to declare, as it is so obvious, that a conviction under that section will not lie where the accused has himself stolen the property in Question, as was the case here.” (2) “Although by section 187(1) of the Criminal Procedure Code: “187. – (1) When a person is charged with stealing anything and the court is of opinion that he is not guilty of that offence but that he is guilty of an offence in respect of that thing under one of the sections 302, 304 311 and 312 of the Penal Code, he may be convicted of that offence although he was not charged with it.”. there is no converse provision to the effect that a person charged under section 312 can be convicted of stealing the property the subject matter of the charge.” (3) Conviction quashed.