Ali bin khamis v. R., Crim. App. 209-Z-66, 18/10/66, Saidi Ag. C. J.

Ali bin khamis v. R., Crim. App. 209-Z-66, 18/10/66, Saidi Ag. C. J.

The complainant handed a watch over to the accused, with instructions that the accused should sell it for Shs. 22/- No time limit was set within which the watch should be sold or returned. After about a month the complainant lodged a complaint with the police, which eventually led to the accused’s conviction of stealing the watch. The accused was not contacted by the complainant to find out what had become of the watch, or to demand that it be returned before the report to the police was made.

Held: as the accused was initially in rightful possession of the watch, the complainant having entrusted it to his care, and as no demand was not made for its return, nor any allegation made that the accused did not try in good faith to sell it, the accused can in no way be deemed to have stolen the watch. Conviction quashed.