NA TZCA Dar es Salaam5

IN THE HIGH COURT OF TANZANIA AT D'SA1AAl'i1. Criminal Appeals No. 163-166 of 1970 ( Original Criminal Case No. 936 of 1969 of the District Court of Dodoma District at Dodom~) Before:.- P. A. Mwita, Esq., Distridt Magistrate .. 1~ MATHIAS MGANGA. 2 ~ MUSHA MKAMBA. "'•••••••••••APPELLANTS. t., 'G.ABRIEL NDINYA. ' ~ ~ io,. 4 ~ DANIEL NYAPEMBE • . / · .., versu.s THE RB.PUBLIC ··,-•••••••••••••••••••••••••• RESPONDENT. Charge: Robbery with ~iolence c/s 285 & 286 of the PenaVJ-:ode. JUDGMENT _Summary Rejection EL-KINDY, Ag. J. These four·appellants were charged with and convicted for robbery with violence contrary to sections 285 and 286 of the Penal Code. Each was sentenced to a term of three years in prison with twenty-four strokes. (_ and They are now appea-ling against both convictions~.z: sentences. Evidence W3.S led to the effect that on 23rd November, 1969, at about 9 p.m .. , these four appellants entered the house of the complainant (PWI), an old_ lady who was living with her daughter-in-law (PW2), and demanded, by threaits at first and subsequently with physical force, thqt they should be given the mbney which was alleged to have been rgceived by the complainant from her.son who was alleged to be working in Dar es Salaam. As. sh_e had received no money, and al tho•,1gh she informed the appellants accordi- ' ngly, they disbelieved her and assaulted., Thereafter they took away some five shillings and some food items and disappeared. It appears also th9..t each one of the four appell:1nts raped PW2 before they departed., The ladies were frightenedt They could not raise alarm. They spent the rest of the night in a neighbot1r's hoµse-e Each of the appellants denied takine part in the commission o.f the offence, but the learned magistrate found against them as he was satisfied that there was enough fire light to enable the two ladies to see the appellants who were not strangers to them either,, They were fellow villagers~ I qan find nothing of importgnce being raised in their memo- randums of app~al~ They alleged that they were not given an· opportu.nity to call their witnesses, but this complaint is of no merit as th0y had been clearly explained their fu.ll. rights, including that o.f calling wi t.nesses, and they informed the magistrate that they had no witnesses to call~ I find the sent~nces reasonable and I accordingly confirm them. Their appeals have no merit• I certify that after perusing the record I am satis- fied that this appeal has been 19·<;1.ged without sufficient grou.nds of complaint and ord.er that it be summarily <; l"P. i P. r. ti:Hi •