19760302 TZHC Dodoma

qC 2aA

IN THE HIGH COURT OF TANZANIA

T DODOMA APPELLATE. JURISDICTION. HIGH COURT CRIMINAL APPEAL NO0 227 OF 1973 ORIGINAL CRIMINAL CASE NO0 652 OF 1972

OF THE DISTRICT COURT OF DODOMA IISTRICT AT DODOMA Before: B.E'.0 Moshi . . • . .Resident Magistrate NDIJHBA S/O. MBEHO 0 0 Appellant (Original Accused) Versus THE REPUBLIC. 0 0 0 0 0 0 0 0 0 0 Respondent 0 (original Prosecutor) Ctia'ge: Corrupt Transaction with ae•nt c/s 3(2) (3).(a) of the Corruption Prevntibn Act No. 16 of ].97I.

J U D GM E NT MWESIUMO, AG. J. On 11th July 1973 at Dodoma Dirict CouL... afore B.P. Moshi, Resident Magistrate, the appellant Ndumba s/o Nbeho was found guilty and convicted of Corrupt transaction with agents contrary to section 3(2)(3)(a) of the Prevention of Corruption Act No. 16 of 1971 and was resultantly sentenced to three years imprisonment. Aggrieved by that decision he now appeals to this Court against both conviction and sentence. Clearly this appeal has no merit at all because the record of the trial court leaves no slightest doubt in the fact that the appellant was caught in 'tflagrante delicto" handing over a bribe of shs, 20/= so that the recepient who was a Police officer and his subordinates should release two relatives of the appellant who had been caught dealing with a sale of a goat out of the official auction pxct8 and the same were put in •a land rover to be taken to Dodoma Police Station where charges would be preferred against them. In his memorandum of appeal which has two grounds the appellant dwells mainly, if not wholly, on what he calls the incredibility of the whole alleged episode but in the view of this Court the learned trial Resident Magistrate was entitled, in the circumstances of this case,.to take the view he took, and cr to a decision which is correct in law. I would dismiss this appeal in its entirety.f or even on the question of sentence awarded against him it was the mandatory minimum under the law. 000 0 .12