Criminal Trial–Recovery of article from an accused person when he stands accused of committing offence other than theft–Applicable tests– (i) the first thing to be established is that the theft and murder form part of one transaction–The circumstances may indicate that the theft and murder must have been committed at the same time–But it is not safe to draw the inference that the person in possession of the stolen property was the murderer.
(ii) the nature of the stolen article,
(iii) the manner of its acquisition by the owner,
(iv) the nature of evidence about its identification,
(v) the manner in which it was dealt with by the accused,
(vi) the place and circumstances of its recovery,
(vii) the length of the intervening period,
(viii) ability or otherwise of the accused to explain its possession.
