19750826 TZHC Arusha

IN THE HIGH COURT OF TANZANIA AT ARUSHA APPELLAgE JURISDICTION HIGH COURT CRIMINAL APPEAL NO0 264 OF 1974 C/F H/C Cr. App0 NOd 265 of 1974 ORIGINAL CRIMINAL CASE NO0 45 OF 1974 OF THE DISTRICT COURT OF LUSHOTO DISTRICT AT LUSHOTO Before M.M. Semboja Esq., Magistrate 1. ROBERT ABDALLAH --------- --- ------------------ Appellants 2.. Elihudi Rashidi (Original Accused) versus THE REPUBLIC - -------------------------------- RESPONDENT (Original Prosecutor) J U D G M E N T - Makame, J. These two appellants, together with three other youths, were charged with Robbery. One of the other three pleaded Guilty and was sentenced to imprisonment for seven years, while the remaining two were acquitted. These two appellants were convicted and sent to jail for the statutory minimum term of seven years. They have appealed to this court. In the evening of 3rd March, 1974 in Lushoto District SHEHE Juma was set upon by some youths when he was walking home from Longoi. He was forcibly relieved of his shs. 260/- and in response to his cries POW 2 SADIKI RASHIDI and PW 3 HhNISI KINGAZI went to the scene. The night was moonlit and in his evidence the complainant specifically incivility: The first appellant hit him on the forehead while the second appellant held him by the neck and demanded to he given something. Sadiki Rashidi told the court of trial that the appellants were among the six persons he identified at the scene. HANISI TANDIKO to whose house the complainant was carried by his rescuers soon after the alleged assault, and to whom e report was made, mentioned the second appellant as one of the people implicated in the report. Like the learned State Attorney who, on bbhalf of the Republic resisted the appeals, I am persuaded to believe that one Df the other names mentioned was in fact the first appellant and that tRobert Athurnani' was in fact a mere slip of the pen. Kaniki the first appellant called to support his alibi discredited the assertion while unlike the second appellant, the latter's witness, HAMZA NYORIDO, failed to support the contentionthat the second appellant's grandmother, who was habitually indisposed, was ever taken to the hospital. Their Petitions to this court failed to assail the convictions. Accoridngly I diamiss the appeals in their entirety. The learned trial Magistrate ought to have made specific findings as to the appellant' ages. (LOM. MAKAME) J U D G E Arusha: Auguàt, 26, 1975 - /Kimathi