Peter Ngehela vs Republic (High Court Criminal Appeal No. 410 of 1972) [1973] TZHC 157 (6 April 1973)

IN THE HIGH COURT OF TANZANIA AT . MWANZA. APPELLATE JURISDICTION (Mwanza. Registry) HIGH COURT CRIMINAL APPEAL NO. 410 OF 1972. (Original Criminal Case No. 462 of 1972 of the District Court of Nusoma District at Musoma - Before E.W. Katiti, Esq.; Sen.R.Magistrate). PETER NGEHELA ....... . . . . . * . . . . . . . . • • . • • • .........• APPELLANT (Original Accused) versus THE REPUBLIC . ....................................... RESPONDENT (Original Prosecutor) CHARGE: 1st Count: Forgery c/ss 333, 337 & 271 of the Penal Code 2nd Count: Stealing c/s 265 of the Penal Code. J U ID G E N E N T. Patel, J. Appellant is convicted of 'Forgery' and 'Stealing' and sentenced to one year and three years imprisonment respectively to run concurrently. He now appeals against conviction and sentence. In his memorandum of appeal he says the evidence against him is unsatisfactory and inconclusive and with many contradictions. and his conviction is against the weight of evidence. Learned State Attorney conceded that on the whole evidence is not satisfactory and particularly the role of one Kassam - P.W.2 - is very suspicion. He further said evidence regarding appellant's handwriti'ng is inconclusive. He added that Republic does not support onv tion. I have gone through the record very carefully due respect to the learned trial magistrate I feel his finding ismuch against the weight of evidence, on record. As for handwriting of appellant he relied on P.W.5 and P.W.7 whose some of knowledge is of a very doubtful nature. - it was not an expert's evidence. Furthermore role played by one Kassam (P.W.2) is indeed very suspicisious and his credibility becomes doubtful. In view of these factors it cannot be said prosecution proved the case beyond all reasonable doubts and it will be most unsafe to a low the conviction to stand. For these reasons this appeal is allowed conviction is quashed and sentence is set aside. It is ordered that the appellant be set free forthwith unless otherwise legally held. n (J.B. Patel). JUDGE. 2nd April, 1973. 'Delivered in court this 6th day of April, 1973 in presence of Mr. Sekule - State Attorney. (J.B. Patel. 'E JUDGE. Nwanza. 6th April, 1973.