19751201 TZHC Dodoma

. bs)4 IN THE HIGH COURT 'OF TANZANIA AT DODOMA iEVISIONzAL JURJ:SDICTION (DODOMA REGISTRX) CRIMINjL 1PPEAL NO0 271 OF 1973 ORI(INALi CRININAL. CASE NO. 644 OF 1973 OF THE 1DISTRIC COURT OF IRINGA DISTRICT AT IRINGA BEFORE P P. MOYO .,,,, RESIDENT MAGISTRATE THE UNITED.REPUBLIC , O , O0 , O , 0000000 0 0 0.PROSECiJTOR ver S 1J,5 FRANCIS NYOKA ,, o ,, o ,.. 0 0.000,00oo0000000 ACCUSED CFARGE: Attempt'tO extor't'nioney by threats'c/s . 290 (2) of the Penal Code. . JUDGMENT MNZAVAS, J. ': ......... . ., The appellant was charged with and convicted of attemp€.;to extort money by threats c/s29 0 ( 2 ). of the Penal .Code and sentenced to 16nonths imprisonment0 The hearing of this appeal was, unfortunately,delayed because the trial magistrate had conc'iated and sentenced the accused with-U out writing a judgment. It was. after protracte( correspondence between this registry, the Registrar of the High Court and the trial magistrate that the learned magistrate wrote his judgment and for- warded it to this court. The appellant had, by the time this registry received the judgment, already served his sentence and had been released frqth.,prison. 'The learned State Attorney argued in support of the conviction saying that there was sufficient evidence implicating the accused with the offence. With respect I agree with the learned counsel that there was more than ample evidence that the appel..lant attempted to extort Shs. 100/- from one, Rashidi (PW1). Rashjd was on 3/12/73 at about 10 a.m. walking along Jamat Street in Iringa wearing a green jungle hat; the type commonly used by members of the TOPODOFO when he me-i the appellant, a soldier, in the company of three other soldiers. The appellant interrogated the complainant as to why he was wearing a military hat. On reply that he had been given the hat by his relative the appellant told him that he was committing an offence by wearing the hat and that he was sending him (complainant) to police station. As they were heading to police station the accused is reported to have told the complainant that if he gave him 'Shs0 100/- he would let him free. The accused had no money0 At this time one, Yakubu a relative of the complainant had joined' them. The complainant and Yakubu asked the accused and his companion (pW3) to go with them into Yakubu's house so that they could discuss the matter. They got into Yakubu's I - 2 house and the complainant promised to pay the money (Shs 0 100,) to the accused if he gave him time0 The accused gave the complainant up to 4 p0m. onthsame day tc produce the money and said that he would collect it from Yakubu's house at 4 p0m0 on that day0 The accused and hiscompanion (pW3.) then left0 Soon after the complainant reported to the police. appellant's attempt to extort money from him 0 The police .handd Shs 0 100/- currency note to the complainant after having jotted down its numbers and asked him to hand it to the accusedwhen he came for it The accused sent his friend (PW3) to collect the money from the complainant After collecting the Shs0 100/- note he was arrested by a C0I..D. official who was waiting outside Yakuhu's house 0 That the.appellant had attempted to extort the money from the complainant, Rashidi (PW1), is fully supported by Yakubu (PW2) who was present when the accused was asking payment of Shs. 100/- from the complainant0 Yakubu was also present when the complainant paid the money to appellant's agent (PW3)0 On the evidence the trial magis- trate had no alternative but to convict the appellant of the offence oftempting to extort money by threats c/s 290(2) of the Penal Code as charged0 • The sentence of 18 months' imprisonment is not, in my view, a day too long. • In the event I agree with the Republicsubmission that this appeal should be dismissed in its entirety and I so order0 • . .• • DODOMA N. S. Mnzavs 1st December, 1975 • •. JUDG Appellant absent and unrepreseted. Lyimo for the Republic/Respondent.