19791116 TZHC Dodoma

• IN THE HIGH COURT •F TANZANIA * AT DODOMA H-'I. t.. r"I . APPEAL NO. 158 OF 1978 (original CriminFil Case No. 28 of the District Court of Iramba at Kiombol) COU Bfore: M.F. Ngoti, 'Esq., DistrictMagitrate 2 MAiLIDI IDDI ... .. • . . . . - . . . .'. APPELLANT versus - THE REPUBLIC •, ...•. . . . ••. . . . RESPONDENT Cattle theft c/ss 268 and 265 of the Penal Code. J U D G M EN T The appellant, Maulidi Iddi wa convicted together with another parson who has not appealed and whomI-sliall refer to as the 3rd accusad of cattle theft contrary to sections.8 and 265 of the Penal Code. He is appealing to this Court against the conviction .- d sentence of five years imprisonment On 5/3/78 the complainant 1 s bull was stolen while giazlng 0 The complainant discovered the theft the sme day. He started looking for it. At about 7 p.m. of the same day, the appellant and the 3rd accused and another person were seen driving a bull. P.W.3 Holota Raxnadhafli who was with other villagers suspected them and arrested the appellant and his companions. The bull was kept in HolOta's house and on the following day the Village Chairman P.W.2 Rajadhani Hakumu was informed. The appellant and. his companions claimed that the bull belonged to them. While the matter was being investigated and the bull was still being kept at Holota's house, the appellant sold the bull to P.W.5 Mweflja Mjiku for shs. 420/—. Mwanja himself sold it to Ringo in the presence of P.W.4 D/Sgt. Joseph Simon for shs. 460/—. There was further evidence that before the said Ringo took delivery of the bull from Holota's cowshed, the complainant idenEified it as the bull which was stolen from him. The appellant and the 3rd accused were then arrested and charged. From the evidence there can he no doubt that the appellant Was found in possession of the stolen bull in the evening of the day the bull Was stolen. His denial was rejected by the trial Court because although he said that on 5/3/72 he was in his house and called Witnesses to support his defence of alibi., the witnesses he called both denied that they saw the appellant on 5/3/78. - 2 - - Soo the evidence that the appellant was s-en on 5/3/7t. driving th stolen bUll -'nd that on 8//78 he sold th bull to P.W.5 Mw -'njn Mjiku was not shaken by appellnt!sjwere denial. The doctrine of recent possessionw, s projaeriy invoked and the Conviction is supported by the s vldenc3. The sentenc - is thc minimum prescrib-c by l.•w. - I This appeal &s, for the above reasons, djsmised.T. - /1 tJ W.J. MAINI JUDGE Dodoma 16/11/79. Mr. Kherbush State Attorriy, for thP Republic Jppellant absent.