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• .•. IN T1LJ HIGH COURT OF TaNZiL' iJ 1i3LY / • ii1LL2T JJiUSJICTION (Lbeya RcyLstry) CRIlrjIN.iL slL NO. 5 OP 1962\ .-. 'N OflIGINL CiW;iIN.L CA3L W. 215 OF TH]L. DISTRICT COURT OF LJYi )ISJUCT.A Before: , N. :B Ka:aya, Resident Listrite. IiUS. SiNG.. & 2 QTHE1S ........ ................i1 - i.LLLJ1TS VIRSUS T1D PJFUBLIC .................................. RJSPONDFNT CHR: Robbery contrary to section 285 and 286 of the Penal Code. iUNYJRL1. J. The four appellants were charged jointly wi th :eothe:c ç3rd A.cused) for bbery. The story was that on 12/7/82 at bou; 9 a.u. the complainantts son, .bel (/.i), a boy aged 12 yrs was at hone. 111± 3 father (i12) and all others were out. He was alone at home. Three men arrived there and enquired about the people of that house. The boy (1 hi) tol:1 then they were out. Saddenly those three ren grabbed the boy arid b..imdfc1dd him itith a piece of cloth and dragged him to . river, The he freed his Cy9s. He was Courageous enough to return hone to see what wasp ing on. He aaw tbse three men running from the house carrying bundles of clothes. Uts sent to call his father (P:.2) and the matter was reported. total of fve rnri, were charged all denied that they robbed the complainant. The f.or appellants were convicted and sentenced to 7 years imprisonment e.&th. They have appealed to this court. The complainantt s boy Abe],. (i' .1 ),who gate vidcnce on oatk, testified that héhadidentified three appellants (1st, 2nd and 4) at the house. He said he knew them before. They spent sometime .th him enquiring about the witness S parents. 1vAoreoer two appellants (d and 4th) volunteered to show the authority where they had hid4en the *tolen clothes. These were found in the bush mid idtified by the co4iant, As for the 3rd appellant he was found on the way carryinga bag vch contained clothes and th clothes wore identified by the compint, The appellant did not Olain thir o;morshi but only denied know1edg. n aU,, the prosecution had proved theic cas8 and appeildats' conviction rope. The sentence was the r-.inimprn ixd b. law. The aDp are i1isai4e in • their entirety.. 1, 0 • - At Mbeya, 18th Je •• •. • • 74