Nyamangara Francis v. R., Cr. App. 540-M-69, 30/9/69, Bramble J.

Nyamangara Francis v. R., Cr. App. 540-M-69, 30/9/69, Bramble J.

This is an appeal against conviction and sentence for cattle theft c/s 268 and 265 P.C. Complainant missed his cattle and claimed to have identified five head in appellant’s possession. He took the police to the appellant’s enclosure and had five head of cattle seized which he claimed as his own. It was alleged that the appellant ran away and the policeman chased and caught him.

            Held: More than half the magistrate’s judgment dealt with “the allegation that when the appellant saw the complainant and another man the day they seized the cattle he ran away. He was satisfied that the appellant knew that the other man was a policeman; that his running away showed a guilty conscience and as a result he found that the cattle seized was the property of the complainant. This was rather novel but dangerous method of proving the ownership of property more so as the property question was not produced before the court. The appellant denied that he had run away and assuming that he was not telling the truth it could not be an inescapable inference that he had stolen cattle. There was hence a grave misdirection such as would occasion a failure of justice.” Appeal allowed.