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The conviction of the 1st appellant was quashed as the evidence was based on suspicion and not sufficient to prove theft beyond reasonable doubt. The conviction of the 2nd appellant was sustained as he was entrusted with the motorcycle and failed to prevent its theft by negligently placing it in an insecure room.
Source excerpt
The High Court allowed a criminal appeal, finding the prosecution had not proved the appellant’s guilt beyond reasonable doubt on breaking, theft, or neglect to prevent offence.
The prosecution failed to prove beyond reasonable doubt that the appellant committed the offences charged, as the evidence was purely circumstantial and not sufficiently connected to the appellant. There was no direct evidence or corroboration that the appellant had knowledge of the theft or neglected to prevent it.
Source excerpt
The High Court quashed a conviction for possession of stolen property after finding contradictory prosecution evidence and an unsafe identification process.
The High Court allowed a criminal appeal, quashed a conviction for neglect to prevent commission of an offence under section 363 of the Penal Code, and set aside the sentence.
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