19830810 TZHC Mbeya 1

IN THS HIGH COURT OF .TNZdJL 1 - AT L1BEYA 1l1l.LTE JUEISDICTIUN 1 / (beya Acgistry) CRIL[INAL id1EkL NO, 20 OF 1982 OEIGINiiL CEBIIINAL CASE NO. 418 OF 19 80 OF THE DIHICT COURT OF LiSEY DIT1UT AT M1SEYA Before: P. H. Bateyunga, Resident Magistrate OIVIARY ALLY . . . . . • . • a a a•• a . . . • , . .

VARSUS a.... ,,BLSIONDENT CHARGE: Stealing by Servant c/sc. 270 and 265 of the Penal Code. MTJIYEJ3A 9 J. The appellant was charged with stealing by a servant. It was stated that he was a booking clerk with L1AT2i here in khcya. In November, 1980 it was sucted that some company money was missing0 Jacob Nub (Pd.l) came to ndit the accounts. He discovered that the appellant had sold tickets: 184317 - 1 8 435 0 , 184351 - 184395 and 30.92 - 30494. The auditor did not mention how much the appellant collected on these sales. The auditor also found that henry Mwakyoua (i ,4) had sol.d some tickets but 1,7 did not say how much he collected. Later the appe1ant was charged with stealing Shs,18,432/50. He denied that he stole that money. He was convicted and sentenced to 6 years imprisonment. He now appeals to this court. As argued by the lemed Counsel for the Hepublic the prosecution did not establish how they arrived a7, the figure of 6hs,18,432/ said to have been stolen by the appellant. Neither the auditor nor any other witness had mentioned that amount in his evddence. It was obscure how the appellant came by that sum. Even the leained trial magistrate was aware of this fact when he wrote, somewhere in his judgment: u1 agree with the accused that there is no proof to Bhow how much rioaey, if any, h was handed by 1.2, P,4 and 1:1,6. Ihe evidence on this matter is miserably 1 acking .

. . . . . . . , . . . . . • . • • 0 • • • . . . . . a. Then the trial magistrate conti.aued to observe that the amount was Shs,18,43 2 /=. This was not sufported by any sort of evidence There has been confusions in hanfling money in the IToffice. No proper procedure of handing over. In such a situation nobody can tell with certainty 4 pop (2) • when this money was stolen and by whoa I allow the appeal. I quash the appellaflt's. convic -t4on. I set aside the sntence and order his • • immediate release. At Nbeya, p. A. 9 71 ERLt, 10th ;August., 1983 JuDGE. C