19700824 TZHC Dar es salaam4

IN THE HIGH COURT OFTAANIA 1 Lf At Dar es Salaarn. Criminal Appeal No. 499' of 197 0 (Original Criminal, case No. 107 of 1970 of the District Court of Tanga District at ranga). rBefore: M.A.S. 1—Busayd, Esq., - Disrict !agistrate 1S.IL bAkAI •1•.i • • . . • • • . . . . . . . AiPELLNT versus THE RF?T3)3LIC . .. ............. .....REsPOmmNT jJDG Ir HAMLY J. - The appellant was convicted in the District Court of Tana of offences of hurlar und'stoaling, contrary to sections 294 (i) an65 of the ]eal Code; he was senteced to a total of two 'ears imprisonment arLd. 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 a very clear one and relates a to ow the complainW1 ad his wife returned to taeir home at n1ht and w3d. 't.'e ccu.1 ap arentl; lOepin in thei 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 cle;r whether the accused was in fact asleep or whether he was mre1y feini-' to cluinbzr. A report was telephon.d to tue police who came an arrested the accused who later erideavoared to escape; he was chased and recaptured without difficulty. S 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 extraordinar7 , act to liave been done by the complainant. The trial maistrate declined to believe the version of the matter- given by the accased an convicted himas charged. I do not thinLz that this is at all surprising. This Court conidersthat the evidence before the txial Court loaves Iq reasonable doubt as to the guilt of the accused and that the appeal is wiWiout substance. sentence is in accordance with the terms of the 41 , Minim 3entencee Act. After reading the record, this Court is satisfied that appaal has been lodgec without any sufficient ground of complaint annsequently order that it he forthwith summarily rejected. and I ih Dar es Saiaain. (O.T. HMILYN) 24th Augustj 1970k JUDGE. 4