19930525 TZHC Dodoma1
- Citation
- 19930525 TZHC Dodoma1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 25 May 1993
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 25 May 1993
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found no sufficient reason to overturn the acquittal, holding that the complainant's claim of framing the respondent due to salary arrears was not credible and the prosecution failed to prove its case beyond reasonable doubt.
Court disposition
appeal dismissed
Orders
- appeal dismissed
- acquittal of respondents upheld
02
Material facts
Parties
Director of Public Prosecutions
Appellant Counsel: Mr. NduguruJerome Hrosso
Respondent Counsel: Mr. NpokiArod s/o Thadei
Respondent Counsel: Mr. Npoki03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
Whether the acquittal of the respondents for shop-breaking and stealing was justified
Party arguments
- Applicant
- The DPP appealed against the acquittal, contending that the trial court erred in finding the respondents not guilty despite evidence of stolen items found in the possession of the 1st respondent.
- Respondent
- The 1st respondent claimed he was framed due to a dispute over unpaid salary and explained the presence of shop items in his room as legitimate, being a shop attendant and using the room as a store.
05
Court’s reasoning
Legal principles
- 01
Penal Code Cap 16
Burden of proof in criminal cases lies on the prosecution
- 02
Penal Code Cap 16
Possession of stolen property may constitute evidence of theft
06
Ratio, limits and disposition
Ratio decidendi
The court found no sufficient reason to overturn the acquittal, holding that the complainant's claim of framing the respondent due to salary arrears was not credible and the prosecution failed to prove its case beyond reasonable doubt.
Court disposition
appeal dismissed
- appeal dismissed
- acquittal of respondents upheld
Source and reliance status
TZHC · 25 May 1993
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 25 May 1993
IN THE HlGH COURT .OF TANZA.li!J.A
AT DODOMA APPELLATE JURlSDICTION CRIMINAL APPEAL NO• 2 OF 1993 OF T::IB DISTRICT COURT OF DODO}iA DISTRICT AT DODOl'liA Before:. F.M. KIHAKO Esq. 7 DISTRICT MAGISTRATE • o o o e o n ~ o o e o .. o o • • e o o o e o o ~ o o o APPELLPJ~T Versus .n(wHE i''lROSSO AND AiiOTJIER. RESPONDENT
JUDGHEHT 1'111;/ALUSANYA, J. The two r?spondents Jerome H:resso and Arod s/o Thadei were acquitted of shop-breaking and stealing c/s 296 (1) and (2) of the Penal Code Cap :.6. The D.P .P. is now appealing to this Court. It was co~m1on ground at the triai that the 1st respondent was a shop attendant in the shop 6f the ccmplainant Evarist s/o Shauri. On 2/10/91 this complainant was arrested in connection with a certain offence and ~,a~ i;ut in Po.Lee Custody at Dodoma.· On the next day the ten cell leader Ally s/o Athuma.ni (PW.4) got a report tha,t the complainant I s shop was bti_rgled. It was the qom~lainant 's l&ndlady Mgeni d/o Hassani (PW.2) who reported the matter.- • ' :But the 1st respondent was residing in a rooin - cum a stone next to the shop. ~ci t~1e· 2.lleged stolen items (shop itarns) were found in the bed - cum - store usec:. by 1st respondent. At the time of the discovery of items the 1st respondc.1-;; had a visitor in his room the 2nd respondent. The 1st r·.,spon:ient claimed at the ti:!,0 that he was still a: shop bed.room - cum • store. However r.0D3)J:.:-.. ::..:1m1 ·; corr~- "·:1C: :0 .:. t!i<.t 1 1·-? he\ M.113:~issed i1.in f~om e;11:i_:;lc;:··:1ent since 14/9/1S'91 c 7-~m,..e·re}, the 1st resz,011.6.en"v explained salary and he:,1c:~ the frame. up of th2 theft Charge by the -com~-,a::_.'1ant so as to ~~feat the genuine claims. .:- : . ·- .2 resist was
al.so used as a store for the shop, r·ca.•1.not ·. _·; to agree with the trial magistrate that the complainant framed up the charge simply to fix u~ the complainant who was claii.ni.ng his arrears of salary. In the a rent the appeal fails a..'1.d I dismiss it-,. Order accordingly. ',.,, ! . (J.L. 1-'.[l:lALUSAtW.A.) JTJDGE. 25/5/930 - Ct: Judgment delivered in Chambers in the presence of Mr. Nduguru State Attox-:1ey and Mr. _Npoki for the respondents. t, i\ JUDGE, .25/5/93
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