Rex v Murimbocho (Criminal Case No. 25 of 1945) [1945] EACA 62 (1 January 1945)

## ORIGINAL CRIMINAL

## BEFORE LUCIE-SMITH, J.

## REX, Prosecutor

$\boldsymbol{\nu}.$

## MASESE s/o MURIMBOCHO, Accused Criminal Case No. 25 of 1945

Criminal Law-Murder-Defence of alibi-Identification of accused-Reasonable doubt.

Remarks upon the circumstances in which an alibi may throw reasonable doubt on the identification of the accused rendering it unsafe to convict.

R. v. Ahmed bin Abdul Hafid 1 E. A. C. A. 76.

R. v. Sukha Singh and others 6 E. A. C. A. 145 referred to.

Russell for Crown.

Kohli for Accused.

JUDGMENT.—I think this is the first case in my experience where a native charged with murder in the Reserve has put forward an alibi from the very start and has called his witnesses to such alibi at the earliest moment, that is in the lower court—See R. v. Ahmed bin Abdul Hafid, 1, E. A. C. A. 76 and R. v. Shuka Singh and others, 6 E. A. C. A. 145.

In view of the defence put forward I am left in such a state of doubt as to whether the identification of the accused by the Crown witnesses is not so utterly mistaken that it would in my opinion be most unsafe to even consider the possibility of a conviction.

The accused is acquitted and discharged.