19730316 TZHC Arusha2

/ p APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO. 298 OF 1972 c/f H/c Org. Cr. Case No.6/72 ORIGINAL CRINfl\AL CASE NO. 54 OF 1972 OF THDISIICT COURT OF KILIMANJARO DISTRICT AT MOSHI Before: K. A. Kassiw, Esq., District Magistrate ABDTJLAH s/c YTJSUFU APPELLANT .. . . * . . . . . .. ...........• 0 (Original Accused) VERSUS T.[IE £7,PU31,IG i . . . . . . . . . .. . . . . . . . , . ....... . RESPONDENT (Original Prosecutor) CHARGE: Burglary and Robbery c/ss 294(1), 285 and 286 of the Penal Code. JUD GMENT Bramble, J. These are eppeals against conviction and sentenc9 on each of two charges of lli5r gglary and Robbery. Mr. Osinde for the Republic submitted that there was no evidence that the appellant usod any force or threat of force. It is true thc- t he was alleged to have told the complainant to keep quiet and that at the time he had a panga in his hand. Be did not -ftreaten to use it or show any intentioo of doing so. I fully agree and allow the appeal on the Robbery charge and quash the conviction and sentence0 As to the charge for Burglary the complainant said that she saw someone in her room at 3.00 a.rn. on the 14th January, 1972. The person took her radio and went She had locked her house before going to bed and after the intru•Thr 1ft she found the lock of a door broken. The appei1an a house was searched the following dai and the radio found in it. t I The a ellant'.s case was that nothing was found in his room and that the first time he saw the radio in question was when it was produced in Court. An attempt was made to find the cell leader to witness the search but this failed. There was one civilian witness, who said that he was present when the radio was founc ii: the appellBnt's house. In his Petition of Appeal the appellant claims that all the evidence a'ainst him was false. •There is nothing on the record to support this. The learned magistrate believed the witnesses for the prosecution and I cannot say that he was wrolig. There is eidence to support the finding that the stolen radio was found in the appellant's room and I have no grounds to inter- fere. The apDeal against conviction on the charge is dismissed. The appellant was remanded to this Court for sentence. As adequate sentence for burglary is well within the i jurisdiction of the trial magistrate, I remit the matter to him to pass sentence according to law. Delivered in Court at Arusha the 16th day of March, 1973. • I /Cwin C. E. BRAMBLE) JuDGE