Kondo s/o Omari v. R., Crim. App. 703-D-67, 18/10/67, Biron J.

Kondo s/o Omari v. R., Crim. App. 703-D-67, 18/10/67, Biron J.

Accused was convicted on two pairs of related counts of burglary and stealing relating to theft which took place in March an April respectively. He was convicted upon evidence that certain of the stolen goods were found in his house during a search on 15^th June. Accused stated under oath that he had purchased the clothing which was found and that the hoe head had seen given to him by one Hamisi. The magistrate directed himself that he was not satisfied with these explanations.

            Held: Where the only evidence against an accused the finding of recently stolen property in his possession, an accused is entitled to acquittal if he gives an explanation which may reasonably be true. He need not satisfy the court of its truth.