19770831 TZHC Arusha

• F( q c4 / • Iii T HIGH COURT OF TANZANIA

AP ARUSHA LPPELLLTID_JURISDICTIOIT HIGH COURT CRLhIITLL APPEAL NO. 90 OP 1976 ORIGINAL CRININAL CASE NO. 113 OF 1975 OF THE DISTRICT COURT OF HANANG- DITRICT AT BABATI BEPORE G. A. HLSSLVTE, Escj. 9 District Magistrate JOHI\T Oi..RI LiI . . . • • . . . . . . * . . • , . . APPELLANT (Origina1 Accused) versus THE REPUBLIC . . . . . •••••.• . . . . . RESPONDT (Original Proioctttor) JUDGEEiEITT TZPASJ. The ppe1lant (and. apotller person whp was acquitted) was bhargod with anc: convited of stea1in by servant 6/265 and 271 of the Penal Code and sentenced to a tota1 of , five years .imprisonmet. He is appealing against the finding and the sentence. In his prolixnorandtiof aé1 repeated his denial i th lower court that. did not- :coit.. the offence He says th?,t:10 6d to rmit fl the • rnoii he collected from the sale of petrol to his treasurer tn support of the conviction ;ti learned tate attorney argtec1 :bhat thereias aaple evidence in support. of the eonvictioi-i and referred the court to the evidence of P.W.l and P.T.3. T1rpwaano di putt in the Iooi.courtthatat the.. tiLe bhe accused i ai to hvo ebolon s.l3,326/9O he was employed as a dcpo supervisOr by tno Gorowa. Co-operotivo Society and wac stotioneo at Dbati, anng district. His dutics inc1ided suporvision of e patrol-pump owned by the Cooporativc Socioty in that no used to receive all the proceeds of the sale of potrol and other

lDotroleuul products from his pump-attendant one, NohaLlod Gialu, On rcoipt of tho mOnios he remitted It to the Society's treasurer, (P.W.3), who issued an acLiaoiledgema rcceip. On 22/5/75 accused's.hooksof account were checked. byan audlGor, who found that some monies received by the ccuscd fro r L procceds of the sell of petrol hed not been accàwied for. The matterwas reported to the police and thoaccusod wasconequoitly arrested and charged with stealin6 by scrvant. • • In a long 2MCI well-argued judgenont the learned triJ magistrate caiiTó to. th:; conclusipn that tho accused was guilty of thq off encc chard. - Itend i on.........../2 -2 I CncL, on thc cvinienCc, o agree nh the finong of the trial court tn:L ihe urosecui1on had ijro.vcd the charge against the apuollant beyond all. reasonable doubt.. There was for oxaapls rndiscted ovidonco that the accused hoc1 on 1/7/74 collcctted e tal of i .1,776 vide cash-sa1es Hós 22725 to 22740 Only dl556/= was remitted to the treaurcr P .W .3), vicle .cash-rQL i itanco. receipt ITo. 982546 of 18/7/7 0 . This means c'2alj 1 2201 was not accounted for On 14/10/74ä tota1,o s.5793/85 was collected vide receipts Hoe. 3231 3308. The accuced remitted tO his treasurer only dii5201/85 vide remittance reccipb No.988012 ib The balance of c1 92/ was not accounte r. There was also ujidisi.ted icCiCft .ry evidece n that on 24/11/74 a total of

s,8222/1O s collected by the petrol attendant and raid to the accusni vido cash-sale receipts • Nos. 41O2-414l He remitted to the treasurer d.7.2l3./lO only. The balance of d.l0O9/ Was not accounted for. Lu UhIS ovidenco Go a u±icr w i th e1n.LtThr evidence which I need not recaTjiiulatc enply showed. that botwoon the 14th of July 1974 and. 11th LiJril 1975; the accused., roc.ivd a total of s.13,326/90 all of which ho failed. torenit to the treasurer, P. 177.3. That the otro1attonJait, (F.W.5), used •:to remit the monies to h:Ln was fully suportod by documentary evidence. Equally there was na rightly found by the learned magistrate, water-tight documentary evidonc.e that th. accused remitted to the treasurer, (P.73) 9 only iart of the monies he received from the potro1-attandant There was, I agree with the learned state attorney submissiOn, sufficient evidence in supyort of tho charge. The total sentence of 5 ycarsiiapriscmaont is he maiad.atery minimum. In the eent the speai is dismissed in toto. . ARUSHL: 31/8/77 (N. / S. NIZ1S) JUD-- AcOused -. absent and inareuresonbed. Nguluna for tne Repeolc/espondef1t. is /iITw.