19760116 TZHC Arusha

I t . . Ill TIE fiICI COURT OP ARZMTIA AT ARUSIU IPPELLATE JURISDICTION HIGH COURT GRININAL APPEAL NO 11 OF 1975- ORIGINAL CRIMINAL dASE NO. 561 OF 1974 OF THE DIS'1RICT COTJRT.OF MUHEZADISTRICT ATMUHEZA BEFORE: Pi 1T7ITA, Esq- District Magisate ALLY s/o ABDALLLH APPELLANT (Orir.inal Accused) versus THE REPUBLIC • RESPOENT ......... (Original Prosecutor) T rm L1'!fli'Trn NYALALI • AG • J. this case came on for hearing before me on CM 12/9/75 -I allowed the appeal, quashed the convictions and set aside the sentences but I did not give my reasons then and I will proceed to do so now. The appellant was charged and convicted on two counts, firstly Burglary c/'s 294(1) of the Penal Code, and secondly, with Stealing c/s 265 of the Penal Code. The entire prosecution case rested on an allegation that the appellaht- was found in possession of some of the property stolen from the burgled house. But the only witness whom the prosecution sought to use in proving this allegation - that is P.W.3 turned hostile to the prosecution case and denied ever seeing the appellant in possession of any of the property alleged to have been stolen fron the burgled house. There was no othcr witness who saw the appellant in possession of any o that properuyi, There was therefore nothing to connect the appellant with the offonces charged and he should not have been convicted on the charges. (. L. NYALALI) AG. JUDGE. Judgemont delivered in open Court this 16th day of January 1976 at JirueJ.a in the presence of Iv. 1Vvipopo, State Attorner. FLN/MT?M. (F. L.idI) U6DGE. ' 7