Issa s/o Amri v. R., Crim. App. 40-D-68, 13/3/68, Biron J.

Issa s/o Amri v. R., Crim. App. 40-D-68, 13/3/68, Biron J.

Accused was discovered squatting in a doorway late at night. Found in his pocket was a set of keys which he claimed to have found earlier. He was convicted of being in possession of housebreaking implements [PC s. 288(c) ] and being a rogue and vagabond [PC s. 177(4) ].

            Held: (1) Although the possession of the keys by accused is suspicious, it does not establish that accused was intending to use them for housebreaking purposes. Conviction quashed. (2) A vagabond is a suspected person who has no visible means of subsistence and cannot give a good account of himself. [Citing 2 T.L.R. 40]. Accused fitted this description, and thus was properly convicted. (3) The charge should have been laid under sub-section (3) and not sub-section (4) of section 174 of the Penal Code, but this defect was curable by section 346 of the Criminal Procedure Code.