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• •.. IN THE HIGH COURT OF T ANZJIA ATkBYA AELLATE JURI SDI CTION b 4a S (iilbeya Registry) J/Z4 1UivB.iiL A1PEAL NO. 23 OF 1980 OJGIN:L CRIIL'LCS No, 148 OF 1979 OF THE DISTRICT CO'iJRT OF 1iUF1NDI DISTRICT AT MUFINDI Before: G. Kaaa., Esq., District Magistrate. ]TER / s/ociion.aiBE .• ....... .....,............ APPELLANT VERSUS . . THE REP[JBLIC ....... .... RSP0NDT S . 5'.. HARGh Robbery c/s 25 and 266 o f the ±'n1 Code, Cap ' 16,\1o1.I of the laws. -' JUDG11. MUNYERA, J.: ............. . . / The appelithrft wE convited of robbery and. sentence6accordi4I. It was alleged that a _7/12/ the comiant was aikin' to the house of a neighbour. Sotc ee on the iy the appellant met h he, without a word, slapped her, Thtn he t o)L a ctf h er ii t enge and refu ed to surrnder them to her. The matter Vi olas -.porteI to the Police and tii appellant was reported and. -'harged Ir. his deferic he adnntt a to ivo met tbe complainant and had convLrston5 with her bit 4eniea to iive slapped her or, taken her katenge Te trial ma g istratQ rejected that deferic and onvacted hm and sante ed hiui to .cven y e ar s imprason ent. He ow I appeals, In reading the evidence I formea an opinion that Ithe of ~C enca of / robbery was not establied. th The complainant sai d, after th e ap111at tio ç the Kitenge from her, he remained at the scene although he reflied to give the clothes back Another witress, Consolata (Pi7 2) said ea an alarm outside and went out to see She net thQ bomplainant and the appellant iunning after her with the clothes4 The com$atnrtt entered Qonsolata's house. en the itries qqu.eqstioneZl the app11an h simply said he cared nothing. These facts natived the 11egati,n o4 robbery 1 I agree with the learned Counsel for the Reputhc that t4e ope± charge should hd-40 been cbmrnon:assault not robbery. L jüsh tIecpy&tjo., of rbbery and substitut3 thereof the one J con-on assault /9 e 240 I aet aside the 8entence of 7 y.a-s amp.1isonrnert i'-tpod on the appellant and sentence him to such a term at oaL1 resLit in4h,i. re1eee At i1beya, 11th u. •• S S