19700725 TZHC Dar es salaam

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T(TIVS,, iNv)p1{ oqesieij .o;st - '.bsj 4 essej.ri , :eojeg .Qt1;Stct TepuO}J JO ;xtioD oq; jo 6L6i JO It -oll es - utwti ieuzo) oL6i Jo jiçç 'ON TuacfdV eupig3 a VINVZNVLTI J o JJTLIOO TWill gill UI -i 55) - - v--.------ - - - 2 - He again ordered him to hand over his collections to the clerk, but this time the appellant, althou.h he said that he had the monos and vouchers etc., declined to make any handing over, as so he said, he refused to have his accounts checked at night. That very same night the ajpe1lant called at the house of one Diwarii and asked him for 3hs. 2 1 000/— in return for which he would Give him his rifle. This Diwani t..stified Jiat he agred to the appellant's rcq:uest provided that the appellant obtained a proper transfer authorisation of his rifle from tile police. The appellant requested that Diwani put him up for the night, which he did. On the following morning they went together to the police station. By this time the police had already been informed of the deficiency in the appellants collections, and he was duly arrested. When the appellant's houa. waa seazohod there were found therein the appellant's receipt book and supporting vouchers, as well as a :ifle. Jhen the appellant himself was searched there was foimd on him a receipt for the purchase of the rifle, in the sum of Shs. 1,753/— inclusive of the licence. The receipt which was produced in Court, is dated 12th November, 1969. There was further evidence from the Treasurer of the liandeni District Council to the effect that when the matter was reported to him on the 10th December, he questioned the appellant, tnis is after the appellant had already been arrested. The appellant said that he had not I handed in his collect ions because whenever he went to the Council Offices the clerk was absent. The appellant who, as noted, had stated that he had handed in his collections to the Council clerk and had left with him his receipt book and vouchers, which were subsequently found in the appellant's own house after his arrest, explained that one night when he came home, he found at window of his house had, been broken and there was thrown through it his receipt bock and vouchers. The appellant called a numbur of witnesses who testified to his having obtained money from them for the sale of a bicycle, sale of some cattle and also as a loan,. But all those transactions were a considerable time before the deficiency in the appellant's collections was discovered. As I think, sufficiently demonstrated, the conviction is fully supported and justifi•:d to the hilt by the evidence. % With regard to the sentence,, in respect of the severity of which the appellant is also complaining, it is pointed out for his benefit that whilst the convicting court had a discretion to impose a stiffer sentence than it did, neither it, nor this Court kns a discretion to impose a lesser sentence than the one imposed by the convicting court, which is the minimum for the offence prescribed by law, as laid down in the Minimum Sentences Act, 1963, it is, therefore, formally certified that this appeal has been lodged without any sufficient ground of complaint and it is acoordinly summarily rejectejo Dar es Saicam. (PHILIP BIRON) 25th July, 1970. JUDGE. -. -