Warioba s/o Kandose v. R., (PC) Crim. App. 216-M-66; 21/1/67; Platt, J.

Warioba s/o Kandose v. R., (PC) Crim. App. 216-M-66; 21/1/67; Platt, J.

Accused was convicted of cattle theft (P.C. ss. 265,268) solely upon the testimony of the complaining witness. The evidence presented was circumstantial. Other witnesses were mentioned in the testimony but were not called at the trial.

            Held: Where the prosecution case is based upon the testimony of single witness, the court must find that the testimony is absolutely reliable in order to convict. Careful scrutiny of the testimony is especially important if the evidence is circumstantial . Where available evidence has not been called, there is some suspicion that the evidence would not support the allegation concerning it. The conviction was quashed for insufficient evidence.