19700508 TZHC Dar es salaam3

Criminal Form No. 33 (Approved by the High Court Judgment or Order on Appeal (s. 320) under Section 352 of the Critninal Procedure Code). Summary rejection (s.317) IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION CRIMINAL APPEAL No OF 19.7.0 Original Criminal Case No ............. 103 ........................ of 19. 69 of the District Court of ....... District at before.......... Esq., Magistrate. EBILX TALIBO Appellant (Original Accused) versus THEREPUBLIC.......................................................................................... Respondent (Original Prosecutor) CHARGE:1 Defilement of a girl under twelvc yearn of age c/n 136 (x) of the Penal Code Cap 16 of the lawn, WJ IIeW4 I ai L1 HALLY1 3. In this cane of defilement # the cmplainant # ao 9 cr10 • yearn save her ctorr to the court without being aworn g, not un8eretandig the xature of an oath. The girl the was with • her gave evidence but there in little or no corroboration in her testimony. The mother of the oiplainant told the court that the accused had gone with the two girle and the cattle to the bueh and told of her dghter'a subsequent repoft to her. There is virtually nothing to corroborate the ctplainant '. vereiori of the matter and the acoueed maintained fron the start that the coapla.tnat bad injured herself in a mU, There wan no ae&Lcal zcn called to negature this nilegaUon in the event# it appears that the evidence before thetriál court was uneaffiaient ou which to base a conviction. The appeal is conaeuently allowed and the appcllarit in to be i0leased forthwith unlene lawfully held in some other matter. areô Sa1a, Sgd 0. . }IAMLYN. 8.5.70 J1UDffr. 0 P Dsin 10224/12-65/60m/4up