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Ii THE 111GM COURT OP TANZANIA /7 (C 11/ AT DODO1'A APP ELL!TE JURI SDI CT ION HIGH COURT CRINL.AL LLPPEAL 110. 178 CF 1973 CF OilINI1L 1 APP]AL i:. 212 OF 1973 1U ORIGI1'IAL CRININAL CASE NO. 316 OP 1972 OF THF DISTRICT COURT OF NATYONI DISTRICT AT NANYONI J3EFORI: L. G, RUGI ANA.... O .,. .....DISTRICT MAGISTR.TE ATHU]'INI ALLY }'T:JANZA, . ,. , ,., ,. . .APPELLANT VERSUS THE REPUBLICO,,.,O.O..,.0 0 ,,,,.O,,, O RE5pONDENT Charie; 3ea1ing by Servant c/s 270 and 265 of the P:al Code. JUDG M E N T The two appellants were, on Hay 28th, 1973 convicted of stealing by sevant contrary to sections 271 and 265 of the Penal Code, ujn which they were etced to years in in accordance with the provisions of the 1iinimu.m Sentences Act 1 972. This sc:tcnce -aas directed tc be subject to confim:iatiun which was of course misdirection in view of the provisions of section 5 of the Minimum Eentences (consequential and Incidental • Provisions) Act, 1972, The Republic does not support the 2nd ape1lants (Athunan Ally 11wanza) conviction. The only circumstantial evi dence acainst him was that he was found with a sun of 1268/50, days after the theft. I an unable to see that his guilt was proved beyond a reasrnable doubt even if his explanation that he was offered th3 money by the 1st appellant is disbeJ.ieved 'i:Lth regard to the 1 st appellant, there was I think sufficient cir "santial evidence to prove that he stole the money. He wa the branch manager of the Kintilcu Oo-op So - iety, He was keeping his employars' money in a safe in the Unior.'s office at that place. He was keeping the money in a saTh whose keys passed to no other person and there was no suggestion that the safe had been in any way tempered with, He said he suspected that the money was missing but he never took step to inform his superior of'ficars until he was arrested, though the Unions treasurer, Mr. Johana (P1 ,12) had visited him in the meantime. I therefore agroa with the trial court's conclusion that he must have stolen the money. In the event 1 st ap:ellant' s appeal is dismissed in entirety. The conviction against the ad appellant is quashed and he is to be released forthwith. D' P. 1IL2IGAN0 AG, JUDGE . -- •• :,-.