19760706 TZHC Tabora

JbMrhifl'0 IN THE IGH COURT CF TANZANIA AT V TA3O1A APPELLATE JUrICICTION (Taboraflegistry) CRThIN.':..L 11_P7EAL NC. 92 OF 1976 (C/F. Cr. a pp. 93 o f'1976) ORIGINAL CRIYINAL CASE NC. 863 OF 1975 OF Tf! DISTRICT COUT OF TJOTA DISTRICT AT TAOPJ; Before: C. A. C. Odcngc, Esq. 1 D/Mcigistrate: - ATJp 7' 1f'T'. nhLs.b..h •...o...............,.........n..... APP IELLkNT I versus THE UNITED IsEPUBLIC .. ..................... ... RESCNDENT FJ1LRGE:1st Ct: Pbrsonoting to public officers c/s. 100(2) of the Penal 1 Coee. 2nd Ct Obtaining ronoy by false pretences c/s 302 of the Penal Code, JUDGNENT MAPIGA,NC, J: V. V • V The appellants PUL0 JOHN and ANDTCE7 ITLKE were convicted on two counts under the Penal Codc, namely (1) falsely repreSe- ? nting themselves to be persons employed in the Public Service and assuming' to do an act by virtue of such employm..nt, contrary to Section 100 (2) 3anc (2) obtaining money by a1se 'pretences, contrary to section 302. Each was sentenced to three years imprisonment on the first count and twelve - months imprisonment on the second count. They are dissatisfied, hence these two appeals. The prosecution led evidence in the lower court to show that one Paulo Ivasato, the comp1ainantcaa•a to Tabora from Geita on 24/11/75 in search for is brother. Wben he failed to trace him he decided to travel back to his home by the next train. In the meantime, he went to certain shops in Tabora town where$frcm he purchased some clothes. From there he proceeded to the market to have a meal. The appellants met with him as he was proceeding from the market. Paulo John who was wearing a jungle green hat remarked to him that there had been theft of money from the bank and posing as a Police Officer he told the complainant thc.t he was suspecting him in that regard 0 He ordered him to follow him to his office for further investig tion. Believing his word, the ccmplainant obeyed his order. On the way Paulo John searched the complainant and seized a sum of She. 500/= from him. He then ordered the complainant to sit -zlc'ia'i with the ppellant Andrew rttakc whilehe cent behind a h:use "to checi - the currency notes." Fortunately for the complainant two other men, £.2 Saidi end PJ.3 Juma, had watched and suspected the appellants. They brought two Police Cfuicers to the scene and the appellants were arrested and eventually chargod- w:th the offence. S • 0 S S • • ./ 2 i_ -2- The appellants denied the .cokeplainant's allegation. They alleged th t they called at the scqne of arre.t following an appointment with the complainant who had premised to sell sore Burunii clothes to Pülo John. They denied th.t they seized any money from the complainant and cc'ntended that the whole case was aframe up by the prosocution witnesses. The trial iagistrate s -ofi thJ view thr.t the complainant was a truthful witness. With respect, I am unable to soy that he was wrong. He had the benefit of heor±ng nd seeing the witnesSes. including the appellants, and there is no good reason for me to think that ho reached a wrong decision in believing the complainant that .c was a strngr to all the other witnesses and that for .thrt reason there. woo no possibility of a conspiracy oetween him, the complai!iant, nd th... oticr prosecution witnesses. I think the evidence on record fully supeorts the 4onvictions and •there is no merit in the appcl.c. uxothe conviëtions. With regard to the sentence, it is obvious that the learned magistrate non-directed hImself on the provision of gection 100 of the Penal Code. By that p:ovis.icn, the offence of perso- nating pubTic dfficers is - only, which is punishab) with imprisonment for a term no -txceeding two years, in accordance with Section. 35 of the same code. The sentence of three years irpriscnrnont which he i"posc1 was ther.eforo illegal. Otherwise there cannot be any criticism in respect of the sentences. Accordingly, the sentence on the first count will be reduced to eighteen months Thpriscnmont. Therefore, save tht the sentence on the first cqunt has been reduced as above, these oppeis are dismissed. Delivered0 Nr. Ntabayo for the Republic. Appellants present. A Tabora., 6th July, 1976. ANN j .