19831231 TZHC Tabora

IN TH] NIGh COURT OF TANZANIA

AT TABOR C .APPELLT.b JURISDICTION HIGH COURT CRIMINAL AFPBAL NO.1,55/OF 1983 OLilGINAL CR1! INAL C'S NO 98 OF 2981 OF THE DISTRICT COURT OF MASWA DISTRX!T MASWA BEFORE B. W. IAGABE Esq. DISTRICT LAMECI(KBOTE ...... .... ..... (Original Accused) vs.

REPUBLIC CHARGE: Robbery with violence and seizure of cattle from a member of community in a specified area, c/ss 285 and 286 P.C. and 15 of the Stock Theft Ordinance0 JTJDGM\TTJRESQNS FOR ORDER CHIPETA, J. On 1st December, 1983, I quashed the appellant's conviction, set aside the sentence and ordered his immediate release from cu.stod,y unless otherwise lawfully detained I reserved my reasons f,or doing so, which I now give in this judnent. The appelLant, Lameck Kabote, was jointly charged with nine others with the offences of robbery with violence and seiire of cattle from a member of the conmiunity in a specified area, c/sB 285 and 286 of the Penal Code, and c/s 15 of the Stock Theft Ordinaj1e, respectively. He and one Maata Mbogo'shi were acqLti±ted on the origin1 charged but were convicted of receiving stolen property c/S 311(1) of the Penal dode and were each sentenced to five years imprisonment As was pointed out by the learned state attorney, the only evidence against the appellant was that he was named by his co—accused persons as the person who sold the hoad of cattle to them. There was no other evidence, direct or circumstantial, to connect the appellant with any of the charges. If anyfiing, on the quo stion of possession, it was the 1st accused who had possession of the animals Since that was the only evidence tending to connect the appellant, the appellant ought to

have boon given the benefit of the doubt. It was for these reasons that I quashed the appellant's conviction, set aside the sentence and ordered his immediate release from custody un- less otherwise lawfully :taied, B. D. CHIPETA, J. 2.- .31/12/83 Coram: IL MasaMe S.k.M. for Hon Justice B. B. Chipeta, J. ppe1larit - Absen2L Republic - Mr. Ghaila - S...A. Court: Jud.gement delivered. E. N. MSAW, SENIOR RESIDENT MAGISTR!TE. 31/12/83. Certified true copy of the original. DISTRICT IBGISTFVR.