19760917 TZHC Arusha

s, k--)n ZN THE HIGH COURT OF TANZANIA AT ARUSHA APPELLATE JURISICTION CRIMINAL APPEAL NO. 261 OF 1975 Original Criminal Case Nc. 296 of 1974 of the District Court c-f PARE District at Gonja bfore R. Juma Esq., Primary Court Megistra.te.' LANGOLOTO LANGLSIRI --------- ----------------------APPELLANT (Original Accused) versus THE REPUBLIC ------- - ------------ -- ---------RESPONDENT (Original Prosecutor) JUDGMENT Nyalali, J. The appellant was charged and c -.nvictod in the primary court of Pare district at Gonja with the offence of Cattle thtft c/s 265 and 268 of the Penal Code and was sentenced to the statutory minimum sentende of 5 years imprisonment. His appeal to the district court was dismissed apparently summarily though the district court h ad no summary dismissal jurisdiction. He is now appealing to this Court. Now, the entire -prosecution case depended on a cow being found in the possessicn of Mzee Lusina who claimed the cow to have been brought to him by one Malami S/c Hen, who also claimed Al that the appellant had entrusted the cow to him. The prosecution case also depends Ofl an admission rnde by the appellant to the p-lice that the cow was his and he had entrusted it to the said Malarni s/c Hen. Now then, neither the said Mzce t3usina, nor the said Malami si Heri gave evi.lencc at the trial. The prosecution called P.W I t P.W 2 and P.W 3 who tetifiad as to what they were told by - the said Mzee Lusina and the said Molami s/o Hen. This Was clearly inadmissible - . as hecray evidence. So the any evidence -adduced by the proecuticn cas the - - admission made by the appellant to the p-.lic officer irplicatig the appellant with the stolen cow. This admission in my view under the circumstces of the case, amcunted to a confession to a pclo officer whichinadmissihle in court. It follows therefore that the apy.ellant had no- case to answer and he should not have been convicted. The cc'nvicti n is now quashed and the sentence is set aside with directions tht appellant be released from jail forthwith unless detained therein for ~ lawful cause. F.L. NSALI, JUDGE - Judgment delivered this same day of 17th September, 1976 at Arusha in the -presence of Mr. Koshur.U- State Attorney. F.L. ALALI, JUDGE /Kimcithi -