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Charging and convicting the appellant for both stealing and possession of the same suspected stolen property, without charging in the alternative, amounted to duplicity and was improper. Both convictions and sentences are quashed and set aside. Retrial is ordered.
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The charge sheet was fatally defective due to duplicity, as it combined multiple distinct offences in one count, violating procedural requirements and denying the appellant a fair trial. This defect goes to the root of the matter and cannot be cured, warranting quashing the conviction and setting aside the sentence.
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