19860616 TZHC Dar es Salaam 1

~~:g,#~1'*:!T; '~-~~~,,,.,_.,l•+,~t:,-~~'i:;;:~ 7.~.l/f'~-~~·.~-~: i,,,...-,-A{ ~ UNl:"1'El.J ~ C OP !J.'llllZ4lf'IA . .~ .- ... , AT DAR -ES SJ,LJ,..AM --- :• JUlU.SD.tC~ \ ' I ORIGINAL CRIMINAL Cl1.SZ N0~326. OP 1983 (OF 1lrE nr.sxru:cT C0Ull~OF MOROGORO DISTRIC~ A~ MOOOGOOO) JOHN DAU DI ............................. ! • APPELLAl:rT versus THE UNITED REl'U:JL!C. • .................... • .. RESPONDENT JUDJEMENT MSUMI 1 J • . Appellant was convicted of robbery oontrary to sections 285 and 286 of the Penal Code. He was awarded the mandatory minimum sentence of seven years imprisonment., This . w appeal is against both conviction and sentence. The eVidenoe of the complainan'.t :1s amply corroborated by twb independent witnesses. On the material night the ~omplainant who is a barmaid was wa1k1hg back home vu sfle waa way lfli.d by the appellant. He forcibly ex'U't!Cted from her oash Shs.300/-, one wrist watch and a ptece of k:hanga. She shouted and the two witnesses qu1i~e timely appeared to the scene. Appellant was apprebe-nded and eventually taken to Police station. In his deferie~• appellant claimed that on the material night while he was walking back home, he was stopped by two men who were in company of a woman. Then to his surprised the two men alleged to him that he had robbed the woman, Ife,·wa,a·, forced to·· go · to poli_ce atation·;OJ::l.d mibsequently the present charge of robbery Wt\S preferred against him, But as tf he cl.id not know that this eourt will be awaited with the loilfr cowrf; · record, in his memorandum of appeal appellant claimed ~ t com- plainant had agreed to go to his ho~se for pexual intima~1• BLtt I on the we.y she changed her mind and when' he insisted tha~ should aocompany him, she s!loute4 and tre tw~~-e.ppeared. It was then when coml3J,a:i-.~ c.lajJJleU die b.ad been robbed of he;- prope&.:t;r• ~.oualy both ~ of the story are were tabrt• .:ia.'-iton. Unfortunately for the appellant, non of them has bee~ . :. :~ --- •.·r· - - 2 abl~ to raise a reasonable doubt on the stfyng prosecution cnse. The eVidence on record ere such that the lea.med trial magistrate could do nothing short of ehtering ·a oonviotion. And as for .the senteh~e of seven years il:nprisonment, it ia the statutory m111imuin,Lny sentence less than this would have subjected the trial magistrate to legal reprimand. 1,s a whole this appeal is dismissed at its entirety. Sgd.(H.i,.MS'UMI) JUDGE. 16/6/86 Por the Bepublic , Miss~ Korosao, 'J!or the Appellant: Absent This· is to certify that this is the certified true copy of the original.