Saidi Mtondo v. R. (PC) Crim. App. 41-D-67; 24/5/67; Saidi, J.

Saidi Mtondo v. R. (PC) Crim. App. 41-D-67;  24/5/67; Saidi, J.

Accused was convicted of burglary and stealing upon evidence that he was seen wearing a pair of trousers about five days after they had been stolen from complainant’s house, which had been broken into at night. Accused, from the time of his arrest, asserted that the trousers had been left at his house by a friend whom he named. No attempt was made to investigate this allegation or to trace the friend.

            Held: The onus is always on the prosecution to prove the charge beyond a reasonable doubt; the accused need not prove the innocence nor the defence he puts forward to the same extent the prosecution must establish its case. The accused having from the start named his friend as the source of stolen trousers, it was the duty of the prosecution to look for evidence to disprove this allegation. The conviction was quashed.