Supreme Court of Mauritius, 11 mai 2026, 2026 BMB 35 – Police v Taneswaree GANGADOO & Anor

Police v Taneswaree GANGADOO & Anor

2026 BMB 35

BEFORE THE DISTRICT COURT OF BLACK RIVER In the matter of: Cause number 4330/23 Police V 1. Taneswaree GANGADOO 2. Chandraduthsingh UNMOLE

JUDGMENT 1. Accused no.1 and accused no.2 pleaded not guilty to count 1 and count 2 respectively of the information charging them with the offence of receiving stolen property, under sections 40 and 301 of the Criminal Code. 2. They were both unrepresented throughout. 3. The case for the prosecution rests primarily on the testimony of witness no.3. 4. During the course of the trial, the prosecution called witnesses no.1 and 2 to produce defence statements of the accused parties. 5. Witness no.1 produced two defence statements recorded from accused no.1 [Docs A and A1] and witness no.2 produced one defence statement recorded from accused no.2 [Doc B]. 6. Witness no.2 also related that on the 10 th March 2023, at around 13h35, he proceeded on the locus to examine the spot in company of the declarant. Witness no.4 showed to him where the lorry was parked along Black River road, Petite Riviere on the left-hand side of the road when the larceny occurred. 7. The area is not covered by camera surveillance and despite interviewing people in the locality, no positive information was obtained about the identity of the culprit(s). 8. As enquiry officer, witness no.2 also stated that both accused were arrested based on the allegation levelled by the principal offender – witness no.3.

9. Witness no.4 is the victim of the larceny. He related that on the 10 th March 2023, at around 13h15, he collected money from a cold storage named ‘poulet frais’ situated at Petite Riviere. 10. He was working in a lorry of brand Isuzu, colour white, bearing registration plate 1371 FB 19 and products were being unloaded from the said lorry which was parked on the road. He mentioned that there was a satchel in the lorry between the driver and passenger seat and the said satchel contained a significant amount of money. 11. He described the satchel as being brown and has three compartments. In all, there was approximately Rs188,000 and a cheque. The money represented proceeds of sale which he made since the morning. 12. When he finished talking to the lady, he went back to the lorry and started driving when he noticed the satchel was missing and reported the matter to the police. 13. The main prosecution witness – witness no.3 – deposed to the effect that on the 12 th

July 2023, he was prosecuted and sentenced before the District Court of Black River for a case of larceny of a sum of Rs188,527. He stated that he stole a satchel which was found on the passenger seat of a lorry whose window was rolled down. He acknowledged having done that case on the 10 th March 2023 whilst he was under the influence of drugs. 14. He brought the satchel home at Pointe aux sables where there were other family members at his place together with his mother and father. He identified his mother as accused no.1 and his father as accused no.2. 15. He mentioned that he took the satchel in his room, counted the money and left. He stated that he gave a statement to the police but does not recall all the facts and circumstances as the offence dated back to 2023. Following a motion of the prosecutor to refresh the memory of the witness, the witness’ memory was refreshed and he denied that he implicated accused no. 1 and 2. 16. At the close of the prosecution’s case, both accused elected to remain silent. 17. Upon considering the evidence on record, it is evidence that both accused parties denied the charge of receiving stolen property in their respective defence statements. The only witness whose testimony is material for the prosecution is none other than the son of accused no.1 and 2. 18. When I consider the evidence of witness no.3, I find that his testimony is wholly lacking in that no iota of evidence has been elicited by the prosecution to implicate accused nos. 1 and 2 in the present matter. 19. I therefore dismiss both counts 1 and 2 of the information.

M I F NATHIRE

Senior District Magistrate This 11 th May 2026