Paulo s/o Mwahalende vs Republic (Criminal Appeal No. 38 of 2000) [2000] TZHC 360 (22 August 2000)

J- . IN THE HIGH COURT OF TANZANIA i.rn D tL tIbj \ri CRIMINAL APPEAL NO. 38 OF 2*00 (From Mbeya District Court Cr. Case No0 3+3/200O) PAULO S/OMWML:LENDE,0o,0000000000,.APPLLANT Versus THEPAIPUBLIC... 000000000 0 00 0 000000000 0 0 PE2P0ND'CNT J UDGM BNT !t° (E0J.): In this appeal, after having gone through the court proceedings and judgement of the trial court, read the memorandum of appeal and having heard the submission of all the two counsels for the appellant and the Republic who do not support the conviction as well. I am of the same opinion in the sense that not only on the ground that the alleged hhang was not properly identified and ascertained but even the manner through which the search was conducted and the place where the bhang was found leaves a lot more to be determined let alone to establish the ownership of the appellant of the said hhang. It is a well established and basic principal in criminal cases that the prosecution has to prove its case beyond any reasonable doubt and where it fails to discharge this dty that is where there is any doubt then the benefit of such doubt is usually grantedto the accused/appellant in this case. I accordingly grant him that benefit due to the doubts raised and hereby accordingly allow the appeal, quash both the conviction and sentence and order the immediate release of the.appellant from prison unless he is lawfully held for other reasons 0 IT LB SO OPDE1.ED. SOA .N. Wambura PPM (E.J.) 2 2/8/2 00