1970824 TZHC Dar es salaam

Lf IN THE HIGH COURT OF TAANIA At Dar es Salaarn. Criminal Appeal No. 499 of 197 0 (Original Criminal case No. 107 of 1970 of the District Crmrt of Pni Ditriet at P2nP). rBefore: M.A.S. 1—Busayd, Esq., - Disrict !agistrate 1s;IL3ALAI versus THE RF?T3)3LIC ... ...... ...,.......RESP011D1NT jJDG Ir HAMLY J. - The appellant was convicted in the District Court of Tana of offences of hurlar, und stealing, contrary to sections 294 (i) an65 of the ]ecll Code; he was senteced to a total of two 'ears imprisonment and to receive twentyfour strokes of corporal punishment in ter!nL of the Minimum Sentences /ct and he now appesis ucainL:t suci conviction. I The case for the p':osecution io a very clear one and relates u to ow the complainW1 ad his wife roiured to taeir home at n1ht and w3d. t.'e ccu.1 ap arentl,- sloopito in their. room; the house had been broken. into and a great portion of their propert' had been stacked and tied together ready for transport, but it is not c1e;r whether the accused was in fact asleep or whether he was mre1y feini- - to clumbzr. A report was telephond to the police who came anti arrested the accused who later erideavoared to escape; he was chased and recaptured without difficulty. The accased in an onLworn statement informed tie Court that he was passnf; the house and was called ir whereupon he was accseci of hur6lary add theft. Ho gives no reason for such an extraordinarV act to have been done by the complainant. The trial maistrate declined to believe the version of the matter given by the accased snA convicted himas charged. I do not thinLz that this is at all surprising. This Court conidersthat the evidence before the txiol Court loaves Iq reasonable doubt as to the guilt of the accused and that the appeal is wiWiout substancea sentence is in accordance with the terms of the Minim 3entencee Act. After reading the record, this Court is satisfied that appaal has been lodgec without any sufficient ground of complaint and I iInsequently order that it he forthwith summarily rejected. Dar es Saiaain. (O.T. HMUJYN) 24th August i97Ok JUDGE. 4 06