19760412 TZHC Dodoma

IN THE HIGH COURT OF TANZANIA AT DODOMA APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO0 299 OF 1974 ORIGINAL RIMINAL CASE NO. 81 OF 1974 OF THE DISTRICT COURT OF MANYONI . DISTRICT AJ MANO1'JI Before. E. B. Kiwanuka • • .o.DistritM'agistrate MOSHI 5/0 NBEHOO 0 a ,0 0 0. 0 0Appellt41976 (Ori4Aduse.d)_. Versus :S SALAAM THE REPUBLICC. 0 . ' a 0 0 Respondent '" (Original Prbsecutor) Charge: 3 Counts of Robbery with violence c/ss 285 and 286 • ' of. the Penal Code0 NT. CHIPETAJLGoJa . . In the iistrict court ..ot .Manyoni, the appellant was convicted on. three counts of the offence of robbery with violence c/ss 285 and 286 of the Penal Code0 He was sentenced to seven (7) years imprisonment on each count which sentences were ordered to run concurrently0 He now appeals0 The only. issue here 'was one of identification of the appellant 0 There was evidCnce that the appellant and another man went to a Railway camp, at Gang No0 35 in Manyoni District during day time 0 In the camp they found some four or five women whose.husbands had by then gone to work0 The appellant and his colleague, who were wielding pangas and clubs, entered the camp and terronized the women0 The women tried to escape but were caught by the appellant and his colleague and a, of them except one were forced by the appellant and his colleague into a store which they then locked from outside0 . ' . The woman who escaped watched the scene from bush where she took cover0 On seeing that her colleagues were being led into the store, she ran and went €r 1-he plcc who their husbands were working and reported the matter. The men rushed to the camp only to find that several of their clothes had been stolen ancl the cUipL'i+s had gone. The men followed the foot—prints of the culprits, and after, some distance they saw the appellant and other people in the bush carrying bundles of clothes. On seeing the search party, the appellant and his 2 colleac-ru.ea, dropped thd iothes and ran away The clotho; turned out to be the ones stolen from the house of the complaiian:.s0 The following day thaI a.ppliant was identified by at least five witnesses at a carefully conducted police Parade The learned trial magistrate was satisfied and accep th.e evidence of .idehtficãtciri He therefdre held that the appell.nt was one of he.cu1prits I' sati sf!od that there was ampc cv1dece ro ustify t11L fanclrg, The ncder took place at ilOO. am0, d at1et two bthe witnesses who saw the appellatat thaIchmp and , ltor ientificd him at the police parade new. the appellant before a s they had lived in the srie village bfore rT.w-dy H c.rcumstonccs 'a Toured Dos1 ye idnU ficaioa. Ia his memorandu•• of ppeal the appellant oo:ei repeats. what he said at the trial end challenges the lea::ned eagiscraLel findings of fact which, a I have aid we. c the eyidence :.Ihe sentences were the mmmc prescribed by Lai0 For these....reasons ; hia apta.l faiJ.s and is o':cord ingly dismiss2d0 .cw i ',_JJIPF:lfi AGO 3UDG De..ivered rn Court this 12t.h day of Apral 19.on B 0 1D CHIPETA AGOJUDGE Appellani Present in persona For the Republid: VD K. Lyimo State Attorney;