By MAKOKWA CLARA MUYENDEKWA
THE Choma Magistrate Court has acquitted a man of burglary and theft charge contrary to section 301 (a) and 272 of the penal code of the laws of Zambia.
Particulars of the offense are that Evans Mudenda on the night of 6 February 2021 at Choma District of Southern Province did break and enter the dwelling house of Emmanuel Maambo with intent to commit a felony and did steal a bicycle, assorted clothes, two pairs of shoes, assorted plates and K5,500 cash altogether valued at K9, 900.
Brief facts are that the accused was in 2020 approached by one Hasweka who was selling a bicycle and the accused led police to Hasweka who was at large.
It was further found that children to the accused had gone with the bicycle at Chandamali where it was identified by the complainant.
While the accused was in custody for another offence, the bicycle was recovered from Bruce Kangwa and the accused agreed to selling it to him.
The court established that the house was indeed broken into but that the Prosecution failed to call the second person who was found with the bicycle.
It further said the prosecution called the first public witness who said he did not know the people who broke into the house.
Resident Magistrate Selia Kanunka concluded that the evidence of the prosecution was not connecting the accused to the charge.
She further acquitted him saying there was too much doubt that he committed the offence looking at the evidence provided.
