JUDGMENT OF TAYLOR J.
The appellant in this case was arraigned before the District Court Grade I, Wa, charged with stealing N¢33.00, the property of one Teiku Dagarti. The facts which the prosecution led and which were apparently not challenged are that one Teiku Dagarti was arrested on suspicion by the Nandom police and when he was searched on or about 11 April 1969, N¢36.00 and other articles not relevant to the present charge were found on him. It was not shown why he was arrested. The appellant was the Inspector of Police at the Nandom Police Station. The suspect Teiku Dagarti asked for N¢3.00 which was given to him and the police kept the balance of N¢33.00. Teiku Dagarti later absconded. There was no evidence as to the date when he ran away. On 12 August 1970 the appellant was requested to hand over his duties to another inspector, the second prosecution witness. On that day the appellant gave the second prosecution witness a post-dated cheque for the N¢33.00 with the explanation that he had used the money. This was reported to the first prosecution witness, the Assistant Superintendent of Police in charge of the district. The second prosecution witness made it clear to the appellant that he would not accept the post-dated cheque in payment of the money although he took possession of it. The appellant on the following day 13 August 1970 refunded the money, N¢33.00 in cash, and the second prosecution witness accepted that. On 16 August 1970 the prosecution alleged that the appellant volunteered a statement on caution. This statement was admitted as exhibit B after the appellant had objected to it.
There can be no doubt that if the prosecution's case is accepted in toto a clear case of stealing has been made against the appellant and a conviction is in order. It is however necessary to consider the case which the appellant put forward at the trial in answer to the charge.
The appellant gave evidence that he was the inspector at the Nandom Police Station as from 12 May 1969 to the date of the alleged offence. He said he took over the station on 12 May 1969 and took possession of the N¢33.00 and other exhibits. On 12 August 1970 he was asked to hand over the station to the second prosecution witness which he did. On 8 August 1970 he told the second prosecution witness that he was travelling to Bolgatanga and he needed the N¢33.00 in this case and that he would [p.19] issue a cheque to be cashed at Wa and the second prosecution witness agreed. On 12
