JUDGMENT

Azmi J:

In this case the accused was charged as follows:-

"That you between 3.30pm, on 19 September 1960 and 7.30am on 20 September 1960, at Jalan Senggang Estate, Seberang Manong, in the District of Kuala Kangsar, in the State of Perak, committed theft of 16 bunches of banana valued at $12 belonging to one Low Tak I/C PK5709, and that you thereby committed an offence punishable under s. 379 of the Penal Code.

Alternatively:

That you on 20 September 1960 at about 4.30pm at Kg Ara Panjang, Manong, in the District of Kuala Kangsar, in the State of Perak, dishonestly retained stolen property to wit 16 bunches of banana valued at $12 belonging to one Low Tak I/C PK 005709, having reason to believe the same to be stolen property, and that you thereby committed an offence punishable under s. 411 of the Penal Code.

The prosecution case was that on the night of 19 September 1960, a banana planter found that a number of bunches of bananas were missing from his garden. The next morning a number of bunches of bananas were found in a shed built against a wall of the accused's shop at Kampong Ara Panjang. The accused was a shop-keeper doing business at the same premises, and one of