Ridas Eliphas vs Republic (RM Criminal Appeal No. 26 of 1998) [1998] TZHC 2280 (27 October 1998)
Judgment
IN M E HIGH COURT OF TNaAJI.& V VV V• V (TJD]) AFERWIL JMSDICTIGN RM CRIMINAL APPEAL NO, 26/98 V •VV.VV •(c/fH/C•C.p. V No.. 491/97iID/Ct) V RID5 HZPHAS ,,.....,....os.. APPELLANT Versue THF, REPUBLIC .,. . AWAOMWI ,JUDGMNT •V• V V - -
The appellant pjgj pjjj Court(Pw.W. D. Mb.ige, Esq.PDN) oa charge of ro1ry c/as Of the Pena:L C,de. At, the arid of a short trial he was cnvietd as ohard arid sentence to thirtt (3e) years'imprisonmer, he, now appeals: The tacts reveal that Bvarist.Peter (pw.ix) is a taxi driver. Around V 3 p.m. on 21/7/97 he was at the Central Mazket Arusha plying his trade. Three peole approached him to hire his motor vehicle. V:1t is a peugeot with. registratin noTZ. 4803 6 , ey wan'ed o taken to lkerxywa -. Secondary .Sèhol A deal ws struck for shs 9 1 !flO :40 as hire charges. On -V of :hose people sat in the frOnt beside PW.II ex the othe' twtook the seat. V On the way the one rhe sat in the front 660 beside hun ibreateriM him mith a V stoppedo One ef the other two hit him with a butt of a gun. They wanted the cs'. They tnade him to awsUeW sane medicine and abandc2le4 himq, V •V•V
It was not until 7 baCk to t0im e.24 xoprka 4e incideit to the police. PW. II later saw the appellarrt dr±ving a motor vehicle reg.nà.TAM 592. Hereported him to the police who arre- t.ed ana charged him with this offewe4 In dence he deniect to lwm hired pIII, Thej.uestibn here is one of iderr.ificàtion was the appe11at ccrrrectly identified as one oZ P1,1 1.Wsassai1ars? NegotiAtions for hire took place during the day. Appellant is said to have st in the car right beside PW. II. .He was arrested the same day when PW 111 's Ceaerr was Si±13.. fr.aah. In th z& satisfjg / the trial ccnirt that chances for miidentifica.on were zeri, The
- . sqntenne, ' in the circumstances of ths case is not a day too longs ThWdjed. \ Zf / (w. Nj B, Kapaja) Lt \\\ 2 7/10/98. I)eii.*ed' in. court ti5 27th day 'f Octobr, 1998 in thaprene • of Mr. Nasara, lead state Attorney and in the absence f the appea. liant, . (W. N o B Kapeya) PEN (EKT. J?IsDIcTx) 27/10/98.
0 • . AlA 27th October, 1998. WI'13ç/l,