Silverster s/o Malicel v. R., Crim. Rev. 7-M-68, 12/2/68, Mustafa J.

Silverster s/o Malicel v. R., Crim. Rev. 7-M-68, 12/2/68, Mustafa J.

Accused, a temporary revenue collector, was convicted, inter alia, of destroying evidence. [P.C. s. 109.] He was give a receipt book, which he was later unable to produce, and he accounted for no money. Subsequently, eleven receipts were recovered from persons who had paid accused, in aggregate, shs. 660/-

The other receipts were never recovered, and he was charged with willfully hiding or destroying them, “knowing that they would be required as evidence in a judicial proceeding.”

            Held: It is not possible that the accused could have known that the receipt book was required as evidence before a case against him was filed, or perhaps even contemplated. It is likely that the receipts were destroyed before such action was contemplated but in all events the contrary has not been proved beyond a reasonable doubt.