Kuwait Court of Cassation principle number 146

Summary: - Failure to seize the stolen property does not negate the existence of the material element of the offence of theft. - Failure to find evidence specific to the accused at the scene of the theft has no effect on the commission of the offence and does not weaken its evidence. Rule: It is established that failure to seize the stolen property in the possession of either the first or second appellant does not negate the existence of the material element of the offence of theft. Likewise, failure to find evidence specific to them at the scene of the theft has no effect on the commission of the offence of which the judgment convicted them. Neither circumstance weakens the sound evidence upon which the court relied in establishing their commission of this offence. Accordingly, the objection raised by the first and second appellants in this respect is unsound.