19751128 TZHC Arusha

r ' fl'T TTrn.1LT L i. JsL )OUHT 02 TALATIA AT AB.USI-IA AIPPELL ATE JUEISDICTIOIJ HIGH COURT CRIIJINAL APPEAL NO. 431 OF 1974 ORIGINAL CRILiIJAL CASE HO. 610 OF 1973 OF THE DiSTRICT COURT 02 KOROGE DISTRICT AT KOROG-VIE BEFORE: J. E. C. MASAHCHE Esq., Resid(--.nt I\istrate PJ:fI ALTNI ....................... APPELLANT - (Origina], Accused) versus THE REPUBLIC ,. ............. . RESPOrJDENT (Original Prosecutor) JUDGEHENT NYALAiI J. The appellant was jointly charged with another before the District Court of Korogwe District at Korogwo on two counts, firstly with Burglary c/s 294(1) of the Penal Code, and secondly with Stealing c/s 265 of the same Code. He was convicted on both counts and sentenced to 3 years on the first count 2 and 6 months on the second count. Sentences were directed to run concurrently. The other person was acquittod on both counts • This appeal is against the convictions and sentences. Thore is no merit in this appeal which could have been surmarily roj ectod under Section 317 of the Criminal Procedure Code 2 since it was not in dispute that complainant' s dwelling house was broken into during the night of Christnas-eve - that is on the 24/12/73, and that the appellant on the 29/12/73 was found in possession of one of the items of property which were stolen from complainant' s house, when it was broken into. This was the complainant' s pair of long trousers. The appellant' s defence that the pair of long trousers had been given to him by the complainant was clearly nosonsical, since appellant vs a different story when found out trying to pawn it as security for money he wanted to borrow from one of the prosecution witnesses. At that time ho claimed that he had bought the pair of trousers in Dar-os-Salaam. Since aeellant was found/.n possession of the stolen pair of trousers only 5 days after the burglary, ho was rightly convicted on both counts. The effective sentence of 3 years imposed on the 1st count ic the rainiaaum ijrcscribed under the kTini.eum Sentences Act 1972. This appeal must therefore fail and is hereby dismissed in its entirety-.. (F. A. Judgeront delivered in. onen court this 20th U. of J.Tovombcr 1975 at Arusha in the pros once of Hr. Lemboko, Scate Ai&orney. Jr /1 (F. L. TAL.LT) FLN/MTPI. A.JtJDGJ.