19721207 TZHC Mwanza

- -,.---- T _i Cz iFLI•JI; icr:: 0ONT c :\-.=1 2KJ TC. 262/72 (Oriina1 Criiaa1 Ose ITo, 114 of 1971 of the District Oi rL of ''o Teforo L.J. Iun.o1e, :1cc ; . Dicrict :Ia1:.EL JmciiI . ,",. 0 000•• 0 00 •00.• (Oriia1 .ccoed), VL. TFS ..I?UJ3LIC 0 0 31T11 D:1:TT (Oriic1 2rosooi2tor) •0 Th U \J IL I) it. LI-KI]TDY, J. i'±ichacl c/c ::•cii: afuns ched W ith and ccnvicbed of I corrupt trE.nsa..ticn wic.. ,q L ont cotrory Q s.octic:s 3 AN (5) . of the ?revoniQ:L1 of Corrui-yion Ordiiiarco Cp. 400, as itwk w tthOfl he was senonccd to l:jprieonient for 'q yers arid to suffor unisIirent of' 24 oroIccs. :: is ±ow p11ea1:L:tg aSainsthis COflV1CçLOfl, sentence did bider .. . The E:pc11Ent wad tiTo N n rd Ictectivc C±±icor for .ukeno. A1J.1ouI,i0 TS not his d uty t o issuo liconcos for ::.oat business, is reconm endotion wm v a luable. lamndh ani ibrohim (p 3) usc the 'roniecs and the lie 'nec of o. deca' sod bu.tcherir, owner, and the ap'?e11Ant cane' to know this. .±tor inostioning, the appellant decided, rightly in :y vje'r, that Roandhoni oloonld 'shon doing that as ho waS net 1iccced to cLo hi 'business, onclho closed the tusjno. Ti is also clear that :h,dh - n.i -as a shady character as, at ore ti:.ee, he was ch rod with ide 'eLf once of co,'1;tlo theft, - but he ''as aciaiticd, hovortholess, he said that the cllor.t - kent on harraseina kin even after he h - d co: nilod ' :th his dirocbions, and that he do'aodod to be givcni ohs, 3000 so that he could give hin, NOT, r: re correctly, ho could rccc '' - 'end kiiLl for a butchor l:'cohco and that ida a:'c1iant told hin that ho would contiquq with h.arraso; cot until he aid hin the noney, Rai'adhanj sa:id that he ogrood. to 'any the sloe, 3000 and he roassod to find the :.:.oney ,,T:Lt: in 3 to 4 rays, but he w's only able to gather she. 200/=. to told nolico cotah T;orn'ad'i p.s: (P:'s.l) about and he decided to lay . a trap. is recorded the nufmc of the currency notes "ad he dircctod Panodhani to hand over the 7oneZ to the a aelloalt .'a,d ho: t as soonss the atyc],1 a't dad' received the ::onev, he sbr'iold gPo ha grced si r,no.l, 1.oi:co ~ constable i.osn eallccted 'i o civilians, u1e' an ;l:,leho (0.2) and hbdalla .'.laa'adhani to witness his trap. On the 12th A ny of Tiny, 1971, at about 9 a.;:. La:'. ncl]aani called n O the oifice of the a' cilant and he handed over its I nrl:od shs, 2000 to hi:.. Phen he ont out of the of. icc he :aeLle the reuisite sianal, and the said 2olice Micer sin u C two cVllias entc re the office of the a;: 'ollr,:at. The anpell:'nt was found therein. The pollee cons -Gable inforacd kin rho -c he was a police cei:cer and that he suspected hi:: of :,!nv±.L reC'Ci?C'd a brte, and he dir cied '5slche (P .2) to oc:rchhi: :'?lCda scorched hia, and found eash . sL. 2Cu/= in the loft shirt aochet af the anpollant. lIe was arre.' dad. When the notes c - o chchcd, they crc totind ic.-tnlly ':ith the nuers recorded in the note bcoT: all polece cons eP1e aca. Inter al the a' elkada agreed dada the rolice cL'icer end ca: .c civil'- ne ontrred his ofY f ce or t h t ' but ha s 1c b - t alnu 'bent clown and found the c'aev i.u':dor his (aopcl1:nts) foot. Pvc:: ee, he said that the wJole case was 'fitinah of Rauadhani (PP.3) who was fond of seeking favours ±:r'a', civil servants. 1 _ -2- : He denied - bhat he forced n- adhci to close the butcher shop 9 a or that he borrov& any nanoyrL , ns to 1 or alleged in e vm cce un 1 Mlistr7te held that the °t? elLT11t was fOufld ith the she, 200 1=, and that he had receiatod it as a bribe iron P-co adhani, and the sTore he ns geilty of the char. The t2:pol]cnt file(! a na ibr of.. what he thinks Are sufficient grounds for oypenl, but in iey view flO.Oi then is adeoucte grrU:nl for ccDplainnt. icr instsnee, he c thnt C cucv CuOS Prodiced in court were 9 and, raercocre, the enoruTt should have been lcL/= and - not 120/= This is toe cror of the Jcir..solf as he failed to read rirper1y the judgacat of the learned trial malistrctc-rcrul reAding of it loli no revscnnile doubt that the quoted currcnc.r flOtOC of shs. 20/= each were ten, It is probally, true that the chocking of the nunbersit the police core u ] e s not cc cc os corc but uhis s not o sec_nrc 1 oriiscon, alth(ugIl it would h:ve been better it police constable hPasa c cccl:ec them in the ronco of the o noll ru Thetr el count was satisfied that riolice consable Lpasa Eccd 3alehc- told the truth, the ociissiori Was not innirige on the credibility of witneoces, it is also true that the nopellant was searchon without a search warrant, but this is just a nero onission since it has been held often that evidoe.ce obiainod through an unlawful search is adaissible aacoinst an cocueci aersori, ne also re rioatd his alle- gation that the case against kin was a franc up, a point which the lee rod trial ra::ietrafe rejected. He was ontitlod- ic do so. As !cnve said, ?Lanadheni, who was, in law, an acccnD1ice0itco he was a giver of a bribe, was a shady character, but it was not his ovidenco alone which was a-neirsi the arpellant. There w:as the evidence of Dolice co:osable IThasa and Saloho. Iheir ov?c once was vpry Werial as it corrobornted an the Cvj(onc5 of J-anadharLi. Th.eroiuro, having rc:ard to the ovinc:nco on record and the orounds of ari cal filed by the apnclJ.ant I an sat itied that no sui:Lsciop -t cause for cc .elaint hoe been disclbsod, and I order that his appeal be sunarilv disniscod under the rirovisiors ci Section 317(1) of the .Crininal Procedure Code Cop. 20. Pi-Lindy) JTjIDCIik 7th Deccieber, 1972.