19710215 TZCA Dar es Salaam

Iff TARV I= COURT OP TARZANA .*p W4 as ALM '-`riminalApoaI D. 43 of ifli (iita1 Criminal Cøø O, 29 of IflQ of the )trtt (oui$ d I4Ut oiit at I44i) Sefores 44disovte. .R7aLz OWHM 9 *001146 by 90TV44t e/ *M, gi Penai (ds. _ The ap"llont was tei of 810611ag as the prowty of the RwIada rneis' eato Soot, and be a* ee$ioe4 'to 1wrisoncon't for, two ra 4d usrdod the a$*tutor twety-fer mWokoa ooporai purtshen$4 Ie is now apeaijj. The apiiant was at the tiso ep3oyed an 9ODOta7 of the *ooety and as a*ob t$ w*s hie dutr to the booke of Soc o*nt a of prodiloo f whio as ia usual to the ooative aocietiee, are t*de in the prosenoo of a abe, of the coi$tee of the *oet.ty, It was t1sbe4 in evneo net that when a eheo of the WWOU121tal was cis, out thae was d oovoie a shota t hs.645/204 , It would apesr from the evMonoo of tb rosscution wasee that, a1tbouh the apUsnt at fiet touA not aoOont f 0? the ebrtst, ho suboequentl 000nnte4 for it by axyvirfa that he had pait out ad tional monsl, Md. this was *atually his defence in OOLrt, to otow*nata 3Dintl aiisu, en aøistsnt se4ta7 of the soolety, apparontly for an aeaoaia$e branch o the 1411ndi it was OStAblighWI in sdenco end not UspUtodo, flat on the 4tb ot Jantsy 1$70, the apeliant handed Ovor to Uwansfa Sjuti She.12,QOO/ vbioh ens bad been duliy rortulattioned end been 4000untod, -for In the books of the sooiotyo, so te*titied that she iecotvad We monlay to the pr esonov of two ostttcs the eoøiet, Ussiti Sefu and ftabdium Jusa.. Sho oeotoaXl stated $h* that w as all : onei she ra 4aiv#4 from the aeUant, Soth the oommttteo .ember* ?efereit to tetitø4 that $bo were reeen$ when the spell*nt said out to (wan*e only, and to srneo Tbar appol1ant in his stated, anti it is MAY fsb to quote him. vorbatioas the postage in Me ovideoco in exesi ttonLn'obj,f to ?athsr obOo.u*.1 "X resseber on 23/1/7* I was on dutr at RonLo ?sie,s' 2o.9paratre 30000 anti two banob Qoitteo aembea and %heb asetatant seoetar&*s ease. They eane to take money for buying produaso On bw fteued Shea0000/ and another $bs,12 1 000/-. As ije ee a quarrel with the obatrean óbout the 4a*and of aho017.000. •... .4 29 by one of tho eooltIea whiah 1' zeftse8 to gives io4 GG O*O Gfl1 '59fs.' jtt ay **iiir o UUn4i ¶ie aha.59/ r. 1 save la a4&itio to 200 vhllo L was tee4 on be-ing anoyod by the ahstrg= of to The ? odw,e awd on ohooking X founA they r000nolleA wfth .ey aoune. L&tor or recotalling my whole aoeow ouM I had a shortago * bh Z reportod to the comittee obu,* Himial Sofm *4 Ahaxw4i $sidt e4 uastant ae eta bats (wief* ntt In oao zaetnatio be aaidl "Theve Is, no vt$neds who saw Whon I was givits extro Shoo,592, to hera (PJ.4). e (nor) a ontj o tMa eta $he.22/- in tb book. I adrnit the *on.r in qqestiarx tras lost in iq hands az Z was vesponalble irt honlliew tha ,iety ne' 'The eppell*nt oallod a *itioas, 4v aosiotoat soorotary of the sooiet, Vho hvever, di4 not avsos his oase the 1e*et, but ii will be nota, raftor the rovorsoo he sijistate fal the oane the appeUant etabbe eM ha a000rdlngly ootwioto bie ia obarged. In his d.n4 the magistrate diroated, htaetf, later, all utoo anOU*04 tz ble darlan,44 GOuld not wtth&oo any vi4enae to rebut that of the ucton or øuout that We, whortaso of osab ho,645/20 was attxy4bated to or 1gQan3e of hia Po'r the above reasons , I fins that the Prossoution have proved thoir oaee beon4 a eaonable doubt and I inIy finil the soouaod goilty *nd aentot Mz of, the oftnoe as oha." Lsnad 'St&t*Attovn*V saboittod that thie was a wisivi$ioA on behalf of the iagetrate in that he planed the ornas of proving on the 4,Pe11ant, and she therefore, t*It tanabie to aupovt the ovietLon. the feet go I bve heZd that a. tha and duty of an apeU*to oourt on tfrst eeal iu to esluato the svideno an4 waks , its own finding tha.o, in other woda, that a tirt aøal from a eaiatrate oiti alone t b w of a ro-UoArins and tbexaf'øn the aaalstratWo dirootiona o. vdadireotions are not rnrtoularly , teri&, 2at alone fatal, wloae they era oonneotad with the oredibility, of a witzosa beeot on the observation of his d eenou vbtob atvantao ie 0*nlad , to an a paflaic tzisl, with reapeot, in this inatant case, I do not cneid.er that the eastrste has siadireoted biselt at all. AS ie so often the asse in vtoaoauttorta of this nature when a sboxage or dotiuieuoy is dieoovered, eueh sboflao øuld be due to 1001ficianoy in TA4Uft1ni*jw 'the books of aneount, and. the koege therefore, maW weU be a paper shortage as opposed to a real one. Al thit the atatrate ia esyi it thu inetant oees, is that even the appellant bee not eurgeated that it was a due to his intfioienei or inozporienoa in the aecounte, but be epeoifioaUy aaaerted 'that he save the siasin ouoy or rather most of it, to the a.8istant retary, wei*afa. Apart from the Møt tlist intrinatially this aeevtioi Lt Ot ptiui17 ve but ather Otralts OrOdulity f in that tie should ha4 eve? money Wtti4wt the?e haing ww 6aouvontary evidenco or a07 Wr iting In Support of eit, at a qne1 with the evthate tcove4. Ibe.22,OOO/ onij is pte by tw iapexant witiess*, the two oommittee aamUrc who wew remnt wh*n she $esiv.d the moneyp and whti a000rding to the uppsllant # he save her the aitioa1 sot only to wanf&s eVjIG parted by the two p ofloi toos the oltte avmUrs t but It is alowsupported by the apeiIats owo the sistat "areiary whoa he oallod o an3 who stateds "Ou .44.70 I wsa peaent when a0cunal was hen to AIa (!wanat* flftti *aUsu) 3b.12000/-. 7 was p'esent also wbe At a sie, tori the l2 1 OoO/ (sta.4urw Of V0464fa and Taai kft eoaetttee esber etttfteL). Dhe sbortae fouxit vww oo ne *vtth s*euao. . have not san the socuised, at any tise piyin Ebs.645/20 tt arjhor. his petftion of appe1 toao the 4e11ant rethen his eane at sU, but t'stbor far -tter vo4kavv tt, in that he goou bank on his orieinal deforco that be pai& oztva coney to Ewaista J8 not izeue some *tbe ouey .52/'- to the Xiiindt 1rah as r000rd.ed At, $7 ooy at the 4u4gmantv the ssid aeunt of noney was et1en from no and without dIay i roportedd 'to the ootte,. 1 , and. agai hat it was only. 1Tht3.2j- which was stolen frorn as ty the airsan, ot 3bs.643f2O as ore h iiy oe; of The appealfrow the oojiviction te, as Z tthk su fficiently 8oetsts, devoid of any verit t ih that not only is the eonotion fully •supertod and Sustifled by the eviOnos, but it is ovan straneftoned by the appellant to his petition of appeal. r to the eeetenoe, It is the nu iWith regs. by law., the oft,toe be! n- n a eulnt one lmds the inisu Sentences Mt 1963, *n& the ascunt ielot OxC8641,44 Shs.lO/-.* ha app.al, is aoo lr UsivM. De1iV1rA in court at !ar es Salaam this 2n ay of April, 29714 C PB 1 LXP nou) - b Iam in full agreement with this complaint and I syasif have been guite Unabl, to Understand what the juc1ont is about or evpyhat was the fln1 result of the triil. It is cuite clear that the proosedingp, before this Court az of such a nature that *ks no appeal coa].d possibly be heard proper nor indeed can the two appellants precent any auffiojent PetitiO On the papers before thim. I therefore make the following Ord.rs.... Il /' ""Tho record of the..prooeedings is to beAoturd 'Prthwith to the ial magistrate wh-' ,jii inuabt th& 01 is8ift9 page e pages of the orjigjn a l judeEent. Ther Such ju ased to a typist of reae a,i1ity, so that proper copies of the judgment to may be made. Each of the accused persons is to be supplied with a free copy of such correct judgmcnt and is granted a period of ten days from the date of receipt of such correct copy of the judnont in which to draw up and file a fresh Petition of Appoal, whioh is to be forwarded to EMAIL this Court together with the complete record of - the proceedings." Thereafter the case will be considered by this Court in the usual manner. LI bR ES UALAM, 0. T. RA!ILYN 15th PLBUUt,RY 1971. JUDGE r -