19780517 TZHC Dodoma1

.... /!(c i;; ~- IN THE HIGH COURT OF TANZANIA AT DODOMA APPE, .LATE JURISDICTION CRIMINAL APPEAL No. 213 OF 1977 (ORIGINAL CRIMINAL CASE J':,loo 228 OF 1977 OF THE DISTRICT COURT OF KONDOA AT KONDOA) YAHAYA MOHAMED • ., 0 O C e • o o APPELLANT versus THE REPUBLIC • 0 • 0 0 0 0 • e RESPONDENT c/s 294 (1) (2) of th ..~ Penal Code --- CHARGE:1a, Ct: 2'nd ct House-breaking . SL·aling c/s 265 of the Penal Code • J U .D G t-:1 E N T ,:1"_9,.!;!.,',THJ\N, J. · .. i see no merit in this appeal-. It was undisputed that, the complainant's house on the relevant day was broken into, i~gress being obtained by breaking the wind ow open and I that a suit case containing clothes, a mattress and other i terns were stolen. There was then evidence that on the next day h0 sold a mattress to Pw.2 his next-door neighbouro This was identifi, ~d by the complainant to be the stolen mattress. 0 A day or two later, Pw.4 a police officer, searched the appellant•s hou:se in his presence and most of thi-~ other things, as indentified i.:T by thE:~ complainant, wer,~ found. At the close of the prosecution case th"~ appellant in reply to the court said he would neither giv(;;) evidenc.::! nor call any. I am satisfifJd that, the prost!cution made out a good case against the a,lpellant and that, he havin'] failed to say or lead anything in defence the convictions were inevitable, and as the petition in my view does not advance any substantive ground of complaint the appeal· usainst conviction is hereby dismissed. The sentence of 5 years, too, was dese·rved as he had a relevant, .previous conviction. • -~,'\.). \\ P.M .. JONATHAN JUDGE Delivered in open court this 17th day of July, 1978. 7-'4Av,(\ P.M. JONATHi\N JUDGE