19770516 TZHC Mwanza

IN THE HIGH COURT OF TANZANIA

AT NJANZA qC APPELLATE JURI;DiCTIoN HIGH COURT CRIMINAL AP.EAL NO0 43 OF 1977 ORIGIHAL CRIMINAL CA3E NO0 301 OF 1976

OF THE DISTRICT COURT OF GEITA DISTRICT AT GEITA (BeforeFN0BUBEREsc3ENIOR MAGISTRATE) Li"iANI AHNED0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 00 0 0 0 00 0 00 0 0 0 0 0 0 0 0 0 0 0 OAPPELLANT 0 0 0 0 0 - (Oriqinal Accused) versus THE REPUBLICO 0 00 00 00 0 0 0 0 0 0 0RESPOITDENT (Original Prosecutor') CHARGE: PER30NpTING Public Officer c/s 100(2) of the Penal Code0 -OoO-

JUDGMENT MFALILA,_J0 The appellant was convicted of the offence of Personating a Public Officer contrary to section 100(2) of the Penal Code in that at Shabaka villaqe i Geita district he falsely represented himself to be a police officer and purported to perform a number of police duties0 Upon this conviction he was sentenced to 18 months imprison- rnent, subject to confirmation0 The outcome of the trial depended on the view taken by the trial Magistrate on the credibility of witnesses for the prosecution0 The prosecution led evidence showing. that while living at Shabaka village, the appellant had represented himself to be a police officer to such an extent that he was believed and assumed to perform a number of police duties0 In the iard Executive Officer's Visiting Book he signed himself as such citing his force number, he so represented himself to his concubine Maria d/o Martin, the Ward Executivd Officer entrusted him with handcuffs for the purported performance of his duties and he purported to arrest one Sinzika Nkwabi and in fact demanded money from him with menaces0 All these incidents were deposed to by witnesses who had as f.r as I can see no reason to lie against the aooellent0 The appellant's answer to all this was a blanket denial of everything. 1-le even denied knowing his erstwhile concubine Maria d/o Martin0 Accord- ing to him he had been in the village for a

short time when he was arrested 0 One does not need any specialised knowledge to see that the appellant was lying0 He could not suggest any reason why any of these witnesses should have decided to lie against him0 I am therefore satis- fied as was the trial Magistrate that the prosecution witnesses told the truth and that the appellant committed the offence charged0 He was rightly convicted and accordingly his appeal is dismissed0 As to the sentence, it was rightly deserved0 He caused a lot of annoyance to innocent citizens0 The sentence of 18 months imprisonment is confirmed0 Delivered in Court at Mwanza this 16th day of MAY, 1977 MWANZA O L. MPALILA

JUDGE