[1975]DLHC18015 • July 11, 1975 • High Court
AFFAIL vs. THE REPUBLIC.
The appellant, a train guard, was charged with stealing 120 dozen balls of thread valued at ¢216.00, entrusted to him for transport from Koforidua to Kumasi Railway Station. The complainant noticed a shortfall upon delivery, and subsequent investigation led to the discovery of a substantial quantity of thread in the appellant's possession. The appellant denied theft, claiming legitimate purchase of the thread from various sellers, including a Lagos man named 'Papa Lagos'. The district court convicted him, rejecting his defense as untrue.
read moreJUDGMENT JUDGMENT OF TAYLOR J. The appellant in this case was arraigned before a district court grade I charged with stealing contrary to section 124 (1) of the Criminal Code, 1960 (Act 29). The particulars of the offence are as follows: “Robert Eshun aeAffail: train staff: For that you on 7 March 1970, at Kumasi Railway Station, in the Ashanti Magisterial District and within the jurisdiction of this court, did steal 120 dozen balls of thread valued N¢216.00 the property of one Adjoa Aniwaah.” The case for the prosecution which was accepted by the district magistrate is that on 7 March 1970, the complainant railed five cases of thread from Koforidua to Kumasi by the Accra-Kumasi train. The appellant was the train guard into whose custody the said thread was entrusted. Shortly after the train had left Koforidua, he asked the Posts and Telecommunications’ officer in the train (who was in charge of the travelling post office) for a mail bag to put something in and the officer...