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The conviction and sentence were quashed because the charge was defective, the law under section 312 Penal Code was misapplied since the owner of the property was known, and the evidence was insufficient to prove the offence beyond reasonable doubt.
Source excerpt
The High Court allowed a criminal appeal, holding that the evidence did not prove stealing from the person, and quashed the conviction and sentence.
The only evidence against the appellant was possession, which was not recent, and there was no evidence to show suspicion or knowledge that the goods were stolen. The magistrate misdirected himself by focusing on his own belief rather than the legal standard.
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