The Appellant and one Rashid Shaban appeared before the trial District Court charged jointly for break into a shop and stealing several items and cash money. According to PW1, the first accused told him that the stolen items were with the Appellant. The trial court acquitted the first accused because nothing was found at his place. On the other hand, the trial magistrate convicted the Appellant on account that exhibit P1 was found in his place when a search was conducted. In his judgment the learned trial Resident Magistrate noted that the accused was supposed to tell the Court how those stolen properties were in his possession.

