Peter Ngehela vs Republic (High Court Criminal Appeal No. 410 of 1972) [1973] TZHC 162 (6 April 1973)
Judgment
W A-W 'Y A bi, ea -, IN THE HIGH COURT OF TANZANIA AT MANZA. AP?.5'LLATE JURISDICTION (Mwanza Registry) HIGH COURT CRIMINAL AP'P 7 AL NO, 410 OF 1972. (Original Criminal Case NoV. 462 of 1972 of the District Court of Masoma District at Musom - Before 4. W. Katiti Jsq; Sen. R. Magistrate). P FT.R NG.HLA......................... a • . . a. . e . . . • • a . . a • a . APP iLLANT (Original Accused) versus TH R"UBLIC. .s.... . . . a . • . . . .. . . . . . . . • . . . . . . . . • • • . • . . .RPONDFN' (Original Prosecutor) CHARG': 1st Count: Forgery c/ss 333, 337 & 271 of the Penal Code 2nd Count: Stealing c/s 265 of the Penal Cods J U D G M N T. Patel, J. Appellant is convicted of 'Forgery' and 'Stealing' and sentenced to one year and three years imrisonment res,octively to run concurrently. He now anc3als against conviction and sontenco 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 ,articularly the role of one Kassam - 7...2 - is very susaicion. He further said evidence regarding anacilant's handwriting is incnc1usivo,- He added that Republic does not sunoort conviction. I have gone through the record very carefully and with duo resect to the learned trial megistrato I fool his finding is much against- the weight of evidence, on record, As for handwriting of anoollant he relied on P.L5 and P.4.7 whoac some of knowledge is of a very doubtful nature. - it was not an oxer5 evidence. Furthermore role Dlayod by one Kassam (P...2) is indeed vary susnióioiis and his credibility becomes doubtful. In VieW of these factors it cannot be said orosacution nroved the CCSO beyond all reasonable doubts and it will be most unsafe to allow the conviction to stand. For these reasons this aoeal is allowed conviction is quashed and sentence is sot aside. It is ordered that the appellant be sot free forthwith unless otherwise legally held. 2nd April, 1973. (J. B.Patol). JUDGF. Delivered in court this 6th day of April, 1973 in presence of Mr. Sakulo - State Attorney. Mwanza, (. B.Patol).- 6th April, 1973. JUDGE.