Athumani s/o Matat v. R., Crim. App. 697-D-67, Saidi J.

Athumani s/o Matat v. R., Crim. App. 697-D-67, Saidi J.

Accused were charged with attempting to obtain money by false pretences [P.C. ss. 302, 381] but were convicted of attempting to steal [P.C. ss. 265, 381]. The evidence was that the two accused, who were employees of a co-operative society, prepared false produce receipts and gave them to their relatives to collect the money on behalf of the accused. When the receipts were presented, they were found to be false, and no money was ever paid.

            Held: (1) What had been done by accused amounted merely to preparations to obtain the money; no steps had been instituted for taking that is asportation of, the money. Therefore, they were not guilty of attempted stealing but only of the original charge of attempting to obtain by false pretences. (2)Were the conviction to be upheld, a charge of a simple offence would be converted into a scheduled offence carrying a minimum sentence. This could only have been done in the manner prescribed in the section 189 of the Criminal Procedure code.