19870508 TZHC Dar es Salaam 1

\~~·~L~ ---~n· IN THE HIGH COURT OF TANZ.AHii'. ) AT DAR ES SAL/JJ1 APPELLA!JIE JURISDICTION HlGH COURT CRIMI~ APPEAL NO, 76 OF 1984 ORIGINJJi CRIMINAL CJ:,SE NO. 321 OF 1983 OF THE DISTRICT COURT OF MOR)GORO DISTRICT AT mOROGORO,Before G. KHALID Esq. District Magistrate. T.I.ANENO SHOMARI ~ .................... , ...... . APPELLJ1NT versus ,- THE UNITED REPUBLIC ••••••• •• • •••••••••••••• RESPONDENT JUDGMENT MA.INA, J • The appellant was convicted by the district court at Morogoro of burglary and stealing. He was sentenced to throe ynnrs imprisol'liilent in . the first count and two years imprisonment in the second count, to run concurrently. The complainant's house was broken into on the night of 7/12/1982 and various properties valued at about shs.12,045.70 were stolen from therein •. Police were notified. On 7.9,1983 the complainant saw Pw4 Mariam Hashid wearing a skirt which was one of the properties stolen f:rom the complainant's house. Dffariam said he received the sldrt from a friend, Pw2 Tukae Shomo.ri who told the court th::1.t she was given the skirt and other clothes by the appellant. In his evidence the appellant said that he had bought those clothes from people whom he did not nmne and he called no witnesses. The petition of appeal is a repetition of what the appellant told the trial court. Like the lower court, I am satisfied that the appellant was found in possession of the stolen properties and.his alleeation that he bought them was properly rejected. The complainant identified the properties and if the appellant had bought them he.would have called even a single witness. The conviction is supported by the evidence on record and the sentences are in accordance with the law. f ~ The appeal is dismissed in its entirety, \,\_Q,; C'\t"v U.J • 1.IAINA JULOE DAR ES S;J:,LJJ11 8Tb. IJay, · 1987. Nkama:ne0i, Stl:\te J.ttorney, for the R0 public Appellant - absent. •,~ ..... --"""'. ; {