19710101 TZCA Dar es Salaam

IN RE HITh COURT (W TANZANIA AT DAR ES SALAM CRIMINAL APEAL$ NO$.333 AND 212 O' 197I Origin1 Criminal Cae No.7 of 1971 Of the District Court of Mbeta District at Meya Before .X.D. Wegetap 2oq., District Magistrate 1, JAOKSON sfo SANGA) 26 J'UMA RAJABU ) versus HE RgPIrBLIC . . . ,.., • •••. 0 6 0 0. .•. 1& •. J1 j . iPONDEN AR: einanding property wIth menaces with intent to steal c/s 292 of the Penal Code.. MM ANEXT SAIDX, C.J. = In this ease the appeflants, Jackson Sanga and Juma Rajabu were che.rged with and convicted in the district court of Mboya of tho offence of demending property with menaces with intent to steal c/s 292 of the Penal Code and were each awarded prison terms for 2 years. There seems to be no merit in the appeal # both men had followed the complainant, an old man. from the eorntr3rside, in a latrine in Mbeya towrij they physica11r ILiisi,andled him charging him for stealing their money; they searched his pockets and remo ved s.45O/; they then took him to the house of an old woman called Marlem, PW 2, where they prepared a dOcument for parment by the complainant of the balance of their money and froit there they disappeared. This took place on 2nd Jaxy, 1971. Three days later both socuseds were arrested nd the complainant was able to jdentify Juma Rajabu but did not recognise Jackson Saga, Mariam, however., had seen both mn and identified both clearly. Lke the learned District Magistrate I am satisfIed that both acouseds had used the common trick practised in Mbeya and other towns to d.upe the old man in order to steal his money. They were thus properly convicted and I accordingly dismIss their appeals against the conviction. pqF It The øenence of 2 reazs impriom me xit is 1utifie this to tho p'Vi4ua records of both appellants, Ltvered fl trt thi.s 1t day of O(tObD, 1971 Sgd. CHURP JUSTICS (