19811230 TZHC Tabora

IN THE RIG-li COURT OF TANZANIA

AT TABORA £PILLAE JURISDICT ION (Ta'oora Registry) (Hc) CRIMINAL APPEAL NO. 145/80 ORIGINA CRIMINAL CASE NO. 139/80 OF THE I'ISTRICT COURT OF MAS TA DISTRICT

AT MAWAO BEFORE: Kassimu, Esq. Dirtrict Magistrate A.BEI SAIt[WELI 000000000000,0000000000000000000000000000 ,....PPELL.AJ.qT (Original Accused) versus THE REPUBLIC • • • 0 • RESPONDENT 0 0 0 (Original Prosecutor) CHARGE: Stealing from ithe person of another c/s 269(a) and 265 P.C.

JUDG M B N T RUBAMA, J. The appe1lant w: charged with and convicted, of stealing from the person of an her c/s 269(a) and 265 of the Penal Code. bi He was sentenced to jears impri sonient tcconfirmation by the High Court. The evidence fcnd established, by the trial court is that the appellant had sat ne to the complainant on a bus travelling towa-ds Maswa • The a omplaiw it had shs. 2001= in a pouch. The sum was in 100,1= currencynote i.ad 20/= currency denominations. Some where along the ioad, the : omplainsait discovered his money lost and suspected the appellanG ead n o hiiii. At the police station, the appellant was cc: rched and found with shs. 200/=. in denominations mentioned by the coJainant in one of his pockets. In his other pocket, the appella was found with shs. 255/50. The appellant lected to remain silent when called upoi-i to defend. himself. T14 only defence witness could not say whether or not the appellant i d stollen the complainant's money. The trial ,-aaE strate 11adwb.i1e sentencing the appellant to five ye'as imprisonncnt Rtated that the offence was a difficult one to detect and prove. -I agre'e; thie-:is such other case. The circumstances sifrroundingthIs ce tend topoirft an accusing finger to the 0 pellant but -nothing more. : thb evidence, the money shs. 200, 1= could Iivë beOn stolen by some one else other than the appellant. The shs. 20O/= found on

the appellant has not been positively identified as the money that had been stolen from the comp,lainant. hatbhe irioney was in the same currency den6minations as that described by the complainant is not enough identificatioii in a criminal cae ........../2 04, Accordingly I see merit in the appeal which is allowed. The conviction against the appellant is hereby quashed. and the sentence set aside. The appellant is to be set free at once unless otherwise being held on another matter.

YAHYA RBAMA

JUDGE 30/12/1981