Bawari s/o Abedi v. R., Crim. App. 15-D-67; -/1/67; Saidi, J.

Bawari s/o Abedi v. R., Crim. App. 15-D-67; -/1/67; Saidi, J.

Accused was convicted of shopbreaking and stealing (P. C. s. 296 (1) ). The shop owner identified an ordinary looking pair of Khanga found in the possession of the accused as one of the item stolen. The defense that accused had legitimately purchased the item was rejected on the ground that he had produced no receipt.

            Held: (1) Exhibition of a pair of khanga not distinguishable from other such items by special marks or features will not support a finding that they are the same as those stolen. (2) The burden is not upon the accused to prove his defence, but is upon the prosecution to disprove it beyond a reasonable doubt.