Omari s/o Saidi vs Republic (HC Criminal Appeal No. 467 of 1972; Original Criminal Case No. 79 of 1972) [1973] TZHC 186 (14 April 1973)

C J OF •A AT AUSHA APPELLATE JURISDICTIOI HIGH COTJFT CRI!,TITN 1 ;. ,, Tj APPEAL NO. 467 OF 197 • ORIGII\7.AL CRIMINAL CASE NO. 79 OF 1972 OF THE DISTRICT COURT OF TANGA DISTRIrT AT TANGA Before LA,S. Elbusayd, .Eq..District Magistrate OMARI 5/0 SAIDI .................... ..........APPELLANT (Original Accused) versus TI-fE REPUBLIC . ......................,.....• RESPONDENT (Original Prosecutor) CHARGE: Housebreaking c/s 294(1) of the Penal Code.. JUDGM:EN T Bramble, J. These are appeals against conviction and sentence on two counts of Housebreaking c/s 294(1) of the Penal Code. The appeals were admitted as tne handwriting vvas illegible. The prosecution alleged that on the 27th January, 1972 the appellant was caught inside the complainant's house. He was questioned and when an attempt was made to summon the pdice he escaped leaving behind a pair of safari shoes which he had in his hand. The door of the huse had been closed but not iocked and the appellant was found walking in his socks. At 6.10 p.m. on the following morning the appellant was again found in the same house, the rnosquito wire at a window had been cut and the complainant's tape recorder Was outside. This time the appellant was safely held and handed over to the police. The appellant denied that there was ar t y incidnt on the 27th January, 1972. He said that after a celebration on the 28th January, 1972 he spent the night with a certain woman. He left her house at 6.00 a.rn. and while proceeding to work he had a pain in his stomach and went to the W.C. at a hotel which was open. hen he was leaving the complainant . came and asked him what he was doing there, he chifght him and called thepolice because be said that he suspected him; the tape recorder was on the table and not outside the house as the complainant stated. The learned tria.l magistrate found the facts as put forward by the proseiicution. .. The Petition of Appeal has raised the same questions he had to consider and taking the evidence as a whole I am unahle to sa that the trial magistrate was wrong and so dismiss the appeals in their entirety as the sentences are not excessive. Delivered in Court at Arusha the 14th day of Apr11, 1973. • / /7 • / /cwm '.. . (C. E. BRIELE) JUDGE Appellant absent, unrepresented Kinabo, State Attorney, for the Republic.