19851126 TZCA Dar es Salaam

IN THE' CQ.HIT OF llPPE,1L · OF TilNZ.tlNIJi .AT 1.rn.iNM . . . . . . . . --t'.~-IIL."-~. . . . . . CfDHNAL JPPE'.,1 NO. 37 OF 1985· Dll'TWFFN •• APPFLL~NT .iN] • • • • • • • • • • • • RESP ON.OE NT (Appeal _from the conviction of· the High Court of Tanzania qt :Mwanza) {Bahati, J.) dated the 9th day of 1:'ebruary, 1985 in -------- This is a second appeal. The appellant was convicted of robbery with violence by the District· Court at Musorna a.na se-ntcnccd to 1 yccirs imprisonment. His appeal against conviction to the High Court was dismissedo The complai:r.Qnt was .::. fcllcw vilf ager of th(J appc-llant.· On the material d c.y tho Jppcllant was in the company of the complainant when the complaimmt had failed to purchase soma cattle as the cattle were un:::L,i table~ On the way hane the complainant was rob bed by the .:ippGllant and another per son.• Tho appellant was G\llesed to~hava used a'knifc to intimidate the compla~nant d1,1.rin..,; the robbery. i\s the robbery was in its last stctBes,. P.W,4, ai:other fellow villag~r appeared on the scene on a bicycle, and the appellant and his companion fled~ P.w.4 saw the appellant cle.:irly. and P.w.2 testifi~d that they saw the appellant in the mpany (')f the complainant on the material dcty, sometime before the robbery.! ••••••/2• , ... 2 - In his dofence the appellant denied ha-was in the compimy of the complainant at all. The courts below both believed tho evidence of the-Prosecution Witnasscs and were satisfied that the appellant was properly identified. In our view-the: appeal is complcte.ly hopeless. Identificqtion is an. iaeue identification : (. ,-i • MUST .1-IF A L. M• M.dK,1Mi JUSTICE .............. OF......~PPFAL .........-.... -~'-. ,,....""........ ~ R. H. I<ISkl'tA JU:31I ICJ? OF .APP]' 1U, 1 _,,,,.,_,,... "",111_..._,_.,~..,----..~~-aa-,::ill-·..- I certify that this is a true copy of the orig-inal.