Abdallah Kindwa vs Republic (Criminal Appeal No. 15 of 1999) [1999] TZHC 226 (20 May 1999)

\ ' • 1 WW IN THJ HIGH COURT OF TANZANIA A!l .USHA CR11 1lNL ±PtL NO0 1 5/99 District Court Cr.C55J9) ABD2.LLAH KINA a.. 0 0 0 000 000 000 000 000 !PPEIf1LANT

• Versus - TELE REPUBLIC •00 000 •RLSPONDENT J U D G M EN T Q49;j. Iniie District Court at Babati the appellant was con victcd of the offence of causing a pupil not to attend Primary School duc.t1on contrary to Rule'(2) of ppercntiy 9 thora was. no serious dispute that for quite some time in itpril 1993 anci trierc-aftcr one I!usure tiabibu (aged 13) cad not attanc. school0 The ±acs have it that during the time 9 she was sponci1nr: he afternoons with the appellant and ciUriflg the nidhts she wou1 retire nd sleop at the 1st accused's roo0 The 1st accusod is son of the apel1ant0 All the pro- secution witnesses wore generally consistent that that was what actually happoncd The appel1ants defence was a general denial but none of his witnesses could positively say anything material to dislodge the above case for the prosecution0 In my view 9 th piosccution case was estcbllshc-d beyond reasonable doubt0 Indeed 9 as Mrs0 Ntilatws 1earno State Attorney stated, the prosecution cdse. was watrtight0 There wil1 therefore

be nothing to fault it0 iccordingly the appeal against con viction is dismasod0 Regarding sentence, as earlier statod, the charge was prefrro' un(cr Rule 4c2 of Nie ±rimary School (Compulsory nro1mct and t ndanc a) Rules , 1979 Rule 4(2) reads as fol1ows: ny person other than a parent who, under any circu mstances causes a child not to attend school regu' lorly until the completion of primary education 'shaL be guilty of an offence and shall be liable on convi ction to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding six months or to both such fn@ and imprisonment Th•• the present case the appellant was sentoncccL to a terra of two years irnrisonnent0 Obviously this sentence is illegal for being above the one prescribed by the law0 In exorcise of ray revisional powers, I will, therefore, have to revisit the said sontencc The same is accordinly reduced to such term as hill amount to the. appo Irnt' s immediate reoase from prison0 J. H. 1'ISOFPE JUDGE 20/5/99 Delivered this 20th day of May, 1999 in the. presence of bti1atwa State ittorney0 J0 E. NSOTFE JUDGE 20/5/99