20190424 TZHC Dodoma
IN THE HIGH COURT OF TANZANIA (APPELLATE JURISbtCTION) (DC) CRIMINAL APPEAL NO. 70 OF 2018 (Original Criminal Case No. 136 of 2016 of the District Court of DODOMA at DODOMA) ADAMSHAKA ...........................................................APPELLANT VERSUS THE REPUBLIC ................•...
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- Citation
- 20190424 TZHC Dodoma
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2019
- Source Language
- en
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IN THE HIGH COURT OF TANZANIA (APPELLATE JURISbtCTION) (DC) CRIMINAL APPEAL NO. 70 OF 2018 (Original Criminal Case No. 136 of 2016 of the District Court of DODOMA at DODOMA) ADAMSHAKA ...........................................................APPELLANT VERSUS THE REPUBLIC ................• ...........................................RESPONDENT Date of Judgment: 24/4/2019. JUDGMENT L. Mansoor, J. As argued by the Learned State Attorney Ms. Rachel Tully who support the appeal, the charge of arson against the Appellant was not proved beyond reasonable doubt. There s no evidence against the accused such as would justify the framing of the charge of arson against him. The charge has been framed On the basis of assumption as there was no witness who saw the accused/appellant setting fire on the house. The assumptions are not tenable in law. Since the offence of arson was not proved beyond reasonable 1 doubt , this appeal is allowed, and the conviction and sentence passed by the District Court is hereby quashed and set aside. The appellant shall be released from prison unless otherwise lawfully held. T jjL L.\ nsoor S ilk JuDGE 24/4/2019 2