19781207 TZHC Dodoma1

19781207 TZHC Dodoma1

The evidence of the prosecution witness was not sufficiently credible or convincing to connect the appellants to the crime; reasonable doubt existed regarding whether the window was broken from inside or outside, and the possibility of external breaking was not excluded.

Citation
19781207 TZHC Dodoma1
Parties
Appellant: Athumani Hussein Heresi; Appellant: Didi Bassani; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 December 1978
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Storebreaking, Stealing, Evidence Assessment, Conviction, Acquittal
Source Language
English

Case Brief

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Parties

Athumani Hussein Heresi

Appellant

Didi Bassani

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the evidence was sufficient to convict the appellants for storebreaking and stealing
  2. 2 Whether the window was broken from inside or outside and its impact on the case

Ratio Decidendi

The evidence of the prosecution witness was not sufficiently credible or convincing to connect the appellants to the crime; reasonable doubt existed regarding whether the window was broken from inside or outside, and the possibility of external breaking was not excluded.

Court Disposition

appeal allowed

Orders

  • convictions and sentences of both appellants set aside
  • both appellants released