197702011 TZHC Tabora

IN THE HIGH COURT OF TANZANIA AT MWAN2A APPELlATE JURISDICTION (Tabora Registry) (NC) CRIMINAL APFEAL NO. 167 OF 1976 (c/f Cr. App. No. 2l4 of 197 6 ) ORIGINAL CRThiflAL CASE NC. 238 OF 1975

OF THE DISTRICT COURT OF MASA DISTRICT AT MASWA Before: C. N, Shilogile, Es,q., D/Magistrate, STEPHEN SIC JOHN ............................ APPELLANT versus THE REPUBLIC ....... . ........... . . . . . . . . . . . . . R1.SPONDENT CHARGE: Robbery with violence c/s 285 and 286 of the Penal Code,-

JUD GNENT MAPIGANO, J: The two appellants STEPHEN JOHN and 1AtJNA ATHUNANI were conQcted of robbery c/sB. 285 and 286 of the Penal Code and each sentenced to seven years imprisonment. They have., appealed from the decision. There was 'no dispute at all that the complainant was robbed of his money - Shs. 405/, and there was sufficient evidence to that effect. The main point for determination was the question whether the appellants took part in that robbery. The offence took place at night near a lodging called Safari Guest House in Maswa town. The complainant-was grabbed from behind as he was about to enter the building. He was then thrown to the 'ground by three men. His pockets were searched and the money seized by the culprits. , An alarm'was raised but • ,. it appears that the culprits ran off and vanished into the dark before any, person had arrived at the scene, The complainant could not'identify the robbers.' • : The appellants were arrested later on and then charged with' the offence.' As agains.t 'the appellant Stephen John, there was only the evidence of the Guest House attendant, PW.2 Paulo, that' he was one of the three robbers.. As against the appe11nt Haruna, there was only the evidence of the ccmplaincnt that he had been mentioned at the Police Statin. This evidence was. pretty w'eak. PW.2 Paulo was not a reliable witness. Indeed, the learned Magistrate "supposed

that he was an accomplice and that' he had arranged with the crooks to rob the complainant." It *as 'therefore inherentty unsafe to convict 6 . a o ... -2- on his evidence alone. There was nothing like material corroboration. With regard to the appellant Haruna, there was no evidence at all again3t him. What was said against him at the Police Station was not evidence and should not have been received by the trial court. Accordingly, I allow the appeals and quash the ccnviction. The sentences are set aside ohd the appellants are to be set free fbrthwith uiless otherwise lawfully detained. Pronounced in court. Mr. Teemba for the Republic. Appellants absent. D. P. 1r1iIGAN0, , Tahora, JUDGE. Zst February, 1977