Ali bin Omar Rashid v. R., Crim. App. 131-Z-65, 3/1/66, Saidi Ag. C. J.

 

Ali bin Omar Rashid v. R., Crim. App. 131-Z-65, 3/1/66, Saidi Ag. C. J.

A mirror and some chickens were stolen from the complainant. The accused was seen with 1 of 2 mirrors later presented in court, and was taken to an Afro-Shirazi Party Branch with it. The complainant testified that “her mirror was returned to her compound two days after the theft. After being charge d the appellant produced another mirror which appeared to be similar to the one alleged to be stolen,” and it was also presented in court.

Held: “Had [the mirror allegedly with the accused at the A. S. P Branch] been taken from him and kept in proper custody the case of the prosecution would have been a strong one.” As it is, the identification of the mirrors was unsatisfactory, and the accused is entitled to the benefit of the doubt. Conviction quashed.