306 Evidence of previous conviction on charge of receiving
When proceedings are taken against any person for having received stolen goods knowing them to be stolen,
or for having in his possession stolen property or property obtained by means of an offence, and evidence has
been given that the stolen property or property obtained by means of an offence has been found in his possession,
then if such person has, within five years immediately preceding the time when such person was first charged
before a magistrate with the offence for which he is being proceeded against, been convicted of an offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings and
may be taken into consideration for the purpose of proving that the accused knew that the property which was
proved to be in his possession was stolen or was property obtained by means of an offence:
Provided that not less than three days’ notice in writing shall be given to the accused that proof is intended to
be given of such previous conviction.
307 Evidence of counterfeit coin
Upon the trial of any person accused of any offence respecting currency or coin, no difference in the date or
year or in any legend marked upon the lawful coin described in the indictment and the date or year or legend
marked upon the false coin counterfeited to resemble or pass for such lawful coin, or upon any die, plate, press,
tool or instrument used, constructed, devised, adapted or designed for the purpose of counterfeiting or imitating
any such lawful coin, shall be considered a just or lawful cause or reason for acquitting any such person of such
offence, and it shall in any case be sufficient to prove such general resemblance to the lawful coin as will show an
intention that the counterfeit should pass for it.
308 Evidence on trial for defamation
On the trial of a person charged with the unlawful publication of defamatory matter which is contained in a
periodical, after evidence sufficient in the opinion of the court has been given of the publication by the accused of
the number or part of the periodical containing the matter complained of, other writings or prints purporting to be
other numbers or parts of the same periodical previously or subsequently published and containing a printed
statement that they were published by or for the accused shall be admissible in evidence on either side without
further proof of their publication.
309 Evidence on charge of theft against employee or agent
(1) At the trial of any person charged with theft while employed in any capacity in the Public Service or by
the State of money or any other property which belonged to the State or vested in the President, or which came
into such person’s possession by virtue of the employment, or charged with theft while an employee or agent of
money or any other property which belonged to his employer or principal, or which came into his possession on
account of his employer or principal, an entry in any book of account kept by the accused, or kept under or subject
to his charge or supervision, purporting to be an entry of the receipt of any money or other property, shall be
evidence that the money or other property so purporting to have been received was so received by him.
(2) On the trial of a person charged with any offence referred to in subsection (1), it shall not be necessary to
prove the theft by the accused of any specific sum of money or specific goods or articles if, on the examination of
the books of account or entries kept or made by him or kept or made in, under or subject to his charge or supervision, or by any other evidence, there is proof of a general deficiency, and if the court is satisfied that the accused
stole the deficient money or part of it or the deficient goods or articles or any part thereof.
310 Evidence on charge relating to seals and stamps
On the trial of a person charged with any offence relating to any seal or stamp used for purposes of the public
revenue or of the post office in any foreign country, a dispatch from the officer admini stering the government of
such country, transmitting to the President any stamp, mark or impression and stating it to be a genuine stamp,
mark or impression of a die, plate or other instrument provided, made or used by or under the direction of the
proper authority of such country for the purpose of denoting any stamp duty or postal charge, shall be admissible
as evidence of the facts stated in the dispatch, and the stamp, mark or impre ssion so transmitted may be used by
the court or witnesses for the purposes of comparison.
L. Miscellaneous matters relating to evidence in criminal proceedings
311 Impounding documents
When any instrument which has been forged or fraudulently altered is admitted in evidence, the court, judge
or person who admits the instrument may, at the request of the State or of any person against whom it is admitted
in evidence, direct that it shall be impounded and kept in the custody of some officer of the court or other proper
person for such period and subject to such conditions as to the court, judge or person admitting the instrument
seems fit.
312 Cutting counterfeit coin
If any false or counterfeit coin is produced on any trial for an offence against currency or coin, the court shall
order the same to be cut in pieces in open court or in the presence of a magistrate, and then delivered to or for the
lawful owner thereof if such owner claims the same.
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