19750725 TZHC Dodoma

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"6uTi?oq .o; oux oo;oq ;qbno.rq SM TPadde oq; ;tq; o5P ;5Tu;ro; Ec;un SM IT ;nq 'ZL6I :rc)qwE)AoN UT 1odd q; po--t; 014s ;eq; p.oat O4; wo.; sodd ;i °;uowuos -rzdwi ;o suzxo; quaiinowo o; pouo;ues SM pu 5UTT2a:jS pu 5ueq—osnoq o po;zrçuo SPM ;utiodd oqj, 1 ____ - f 'ONVDIcIVW I -, LNWDanr - oq; ;o S9Z Pup V6Z ss/D buçios pup bupoq—osno :o5,xq (Jo;nOSo TuT5TO) . 0 Grjfl3j 2H ;uopuodsoj MUMMA ( pOSflDy IUT 5 TJ0) • 0 0 0 °VXflJ1I)i 0/a viLo1oa 0 0 0 0 0 ;ai;stbw ;uopçsoj' vwouoa jx ai&isia vwoaou JO IMOD jDnn1sIa SHI io ZL61 dO LO? °ON 2SVD 'IVNIWID T!NIDflIO ZL6I J O £t? ON 'IY3ddV rlVNINIMD flIfl0D HDIH NoIIIUSI1flr 3LLVTI3&IV vwoaoa IV VINVZNVL JO JJfl0D H€IH SHI NI ' d 2 - have been difficult for P.W 0 4 in particular to know most of the items the appellant possessed especially such items as a watch and handbags with which a woman normally walks about. He was sceptical of the conten- tiori that POW4 did not suspect her, and he found it difficult to believe that it did not even occur to P.W.4 to ask the appellant as to why she was selling a mere or less new wrist watch and as to how she had acquired it. I would also agree that there was reasonable cause to think that these two witnesses were at best guilty, receivers and therefore accomplices • Howeveri the learned magistrate convicted the appellant in spite of his correct finding that the story of those accomplices was the only evidence which implicated the appellant in the offences The only issue in this appeai is whether it was safe for him to do so. It is clear from the jtxcgment that the learned magistrate was fully aware of the danaS fraught in convicting on uncorroborated evidence of an accc\flPlice. But he was sure that there was no such dangers in present . z.se as he thought that the testimony of the two accomplices was cogent and rel .ole. The Republic shares the same view and therefore supports the convictions. On my part, I have carefully considered the matter and I strongly heFite to say that it was safe to believe and act on the evidence of the two witnesses who being accomplices, cannot in law and, as properly observed, by the learned magistrate, corroborate each other. Because, apart from the anxieties pointed out by the trial, magistrate, there was also the point that the appellant was a wife of some-body else, though probably she had been flirting with P.W.4 for sometime. The question therefore is how could he PW,4, a married man,..have accepted the goods when he well knew about her status? Moreover, it appears that he had started to deal with some of the property as if they were his own. He did not only pledge the watch but he also went about wearing some of the clothes. I would think, on the whole, that P4W.4 himself should have been a subject of a stronger suspicion and that as a matter of prudence the trial court should have held the evidence of PW,2 and P.W.4 insufficient to sectthe the convictions, as they might have purely been seeking to extricate themselves from complicity by shifting it.to the appellant. In consequence, I allow thiS appeal, quash the cnvictiorc. nd set aside the sentenr-o. Sadly however, as I have pointedly remarked at the out set as a result of the almost indefensible undue delay j fl: hearing, this appeal, the appellant who was sentenced ti a substantive term of three years imrisonment,has probaby completed serving the term, and the outcome of this appeal may prove infractuous, Delivered Mr. Mbilinyi for the Republic. Appellant absent. 25th July, 1975 D.P. MAPIGANO JUDGE