19710111 TZHC Arusha

ti/I Judgment or Order on Appeal (s.

320) Criminal Form No. 33 (Approved by the High Court under Section 352 of the Criminal Procedura Code). / Summary rejection (s.

317)

IN THE HIGH COURT OF TANZANIA AT ARU&1A,

APPEATE JURISDICON / CRmNAL Apai. No .... 2 ..............oi 19?74D. Original Criminal Case No ........... 9. ............................. of iJZO.. of the District Court of ..... ......................... District at .... Ltho.to ........................................ beforeQ!W . ..... Esq., [District Magistrate. AMIR ..... 1 Appellant i c I (Original Accused) versus2 3JAN1971 ii. DAR ES ........ ...... THE REPUBLIC ................................................................ .................... Respondent (Original Prosecutor) CHARGE: øount: lot Countj. intent to commit a liOU3O bZ'eZIkIng with felory therein c/s 294 (1) of the Penal Code Cap. 16 of the Laws. Stealing c/a 265 of the Penal Code Cap. 16 of the Law, 1 I) Kwikima, Ag. 3e The appellant was convicted of housebreaking and stealing, The monetary value of the stolen property was hs.1100/.'. lie was sentenced to a total term of two years plus the statutory twen1r four strokes. He is now appealing. The appellant was fiat seen by the complathat'B daughter in the ricinity of the scene of the crime. He then admitted having been to the complainant's house where, ccoz'ding to him, be found no one, The crime was diacoverea soon after his admitting to having visited the complatnat's house, He was then sought out, traced and chased but be managed to evade capture. Sometime later the appellant turned up at Mialo

V11age where in indulged in a spending spree which left everyone dazzled and suspicious. His exhibitionism was report to the. relevant authorities who wasted no time to place him under custody • AU this endence points to nothing but the appellont'm guilty as the learned District Magistrate property found. The appel4apk was admitted in order to rectify the corn naationJrder, which is mandatory for nfl those ooniott 0 P Dsm 10224112-65160m/4up • 4•S* 0 4* 0 * . •••••• 2 fOIsCiledüied offexices. The relevant ordor reads: !Accused to poy the unrecov-ered amount." With due reaeotto the learned District Maistrate, this order is not clear. The amount of She .1000/ms was not recovered, oertainlj. Nor were the clothes valued Shs.100/- either. So that when the order refers to "tno urirecovered amount," there is ambiuity in the word. "The unrecovered amount" could be taken without regard to the unrecovered clothea valued l$j,QQ/i.i, Acaordthgly the mandatory compensatIon order is amended to read: "The accused is to py BhS.11OO/i. compenetion to 2 2 the eomj4ainant." 7 Arueba1 u/lAn. Sgd. M.ii.A2. i(WIKIM.& ja frire A ;I. (5