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Idefence Mpendakazi v. R., Crim. App. 202-D-67; 12/5/67; Saidi, J.
The accused was convicted of cattle theft. A confession which accused made before an Assistant Village Executive Officer was admitted into evidence. The only other prosecution evidence was the testimony of a twelve-year-old boy.
Held: (1) A confession to the Assistant Village Executive Officer, who had the power to arrest and detain persons suspected of having committed offences amounted to a confession to a police officer and was inadmissible under section 25 of to a police officer and was inadmissible under section 25 of the Indian Evidence Act. (2) The testimony of the boy required corroboration and would not support a conviction. The conviction was quashed.
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