19750502 TZHC Mwanza

pC& T4-71 IN THE HIGH COURT OF TINZNLA AT MNZA IPPELJLLTE JURISDICTION HIGH COURT -OBlNL JPPE1L NO. 52 . OF 1 974- (Original Criminal Case No. 675 of 1973 of the District Court of Musoma District at Musoma - Before L.J.R. Chaa, .Esq., Resi(lent Magistrate) HITLER s/O MOK. . ... • • • • • .. . .•........•. •.••• •..• • • .. .. .-. . ....... .PPELL1NT (Original ccused) ye rts THE REPUBLIC.-.0. . . .-. • •-•.•.•.•.•., '.;• -. • . .. . .-... RESPONDENT (Original Prosecutor) CHiRGE: Robbery with violence c/ss 285 and 286 of the Penal Code. JUDGMENT MFILIi44, J.: The evidence against, the appellant WOS overwhelming once the testimony of the complainant is accepted. For the evidence shows that the robbery took place in broad day light at 4 p.m. Even on the appellant's own admission, he is well known to the complainant.. The question of mistaking his identity does not therefore arise. The only thing to consider is whether the appellant could have been framed by the complainant. The appellant alleged that he was simply framed by the complainant as he was suspected to be responsible for the compainant's wife's frequent escapes from her home. I have coisidered this possibility, but I am satified that it does not exist for there was nothing to show that these allegations have any substance.. The learned trial Magistrate directed his mind to the longer of basing a conviction on the testimony of a single witness, and he came to the clear view that in the circumstances of this case, it was safe to act on the testimony of the complainant alone... The main point on which this appeal was edmitted. to hearing was whether.the Magistrate was justified in applying Section 202 of the Criminal Procedure Code.. ifter hearing the learned State ittorney on the point and thoroughly going through the record, I am satified that the Magistrate was .jusified. The record shows that if this had not been done, the case would have been kept penciinp. for almost eight months-. For it was eight months 'before the appellant was apprehended again after his escape, from custody. The Sentence that was imposed was the Minimum, and as the Conviction was based on sound and overwhelming evidence, this appeal. -is dismissed. Delivered in Court at Mwanza this 2nd day of May, 1975. MJINZJ-. V, "I tk' L. MFALILP 2NDMfY, 1975. JUDGE. .