CRIMINAL PROCEDURE AND EVIDENCE ACT
and such notice shall specify the nature or description of such other property and the person, if
known, from whom the same was stolen or obtained by means of an offence.
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 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.
[Subsection amended by s. 33 of Act No. 5 of 2014 and by s. 49 of Act No. 2 of 2016]
(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.
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