Case No.:

AC.CR.REV.143.1956

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, s. 353 Burden on prosecution to prove mental element of dishonest retention

A stolen radio was found in accused’s house: he was charged with receiving stolen goods under Penal Code. s. 353. Prosecution failed to prove knowledge that goods were stolen.
Held: Burden is on prosecution to prove the mental element of dishonest retention: a dishonest condition of the mind in relation to the thing possessed.”

Judgment

(CRIMINAL REVISION)

SUDAN GOVERNMENT v. IBRAHIM ABDEL GADIR EL LAYTHI

AC.CR.REV.143.1956

M. A. Abu Rannat C.J. November 4, 1956:—I am afraid the offence of receiving stolen property under Penal Code. S. 353, has not been proved against the accused. The police found in the house of accused at Anzara a radio, the property of one El Rashid Ali Kameir, who was not at the time at Anzara. The prosecution must prove that the accused either dishonestly received or dishonestly retained the radio. The accused explained the circumstances in which he came to possess the radio. He mentioned two- defence witnesses who were never called to substantiate his statement. If his statement Is believed, then his retention was not dishonest. To constitute dishonest retention, there must have been a change in the mental element of possession from an honest to a dishonest condition of the mind in relation to the thing possessed The facts before the court do not establish such a condition and I have therefore quashed the proceedings and direct that the accused be set at liberty forthwith He Is now In Khartoum Prison.

The papers took a long time to reach me from Juba and this should be avoided,i4 In future: