Peter vs Republic (HC Criminal Appeal No. 475 of 1990) [1991] TZHC 2245 (25 September 1991)

IN THE HIGH COURT OF TANZINIA. JT i'IBEY 14TE JURISDICTION (NYI REGISTR') HIGH QQU8T QMIN4 MAD xQ4 475 NO i 82 OF 199c' : ' h'KIIJ Z$ZO QJ Is:R:: .: Amegistrato PPEL•NT Tho L4n$ 'w4 g4bJ ot bQing pO$8OS8in ' P'1 X$1 aOI* 34f jred c/s aL Coo and waa øontønood 3 yoara imp 3JiMfl4 %$4 4 iwg pona.Uy proscriben by law. He IS Ø 9'i.4i and $QntnaO. Mr i' 1

I. I4VQd t.'O 42'flØ O1-Lt o cutrort the &vtj *10 t'U31øi: th4$ .thø JIi 1,Qn was baaod on th uncorx'tod statemerit -a oØViøquacd. As I ahal i1ncon.stte the learned S.tat4 at4Z, 'c3e u3jy juatjio4 to take tho st.nd he did. Q ovidonoo ro]4od on by the prosecution crno from three witnoa5oe wiieo QdQnco was similar. Acco±.ing to Andulile.. Nwakyund (pWj) on 81/90 at about 2900 p.m. he had found the first acau3ed •. Iaa Max with antIor porscn who abscondQd, sclling9 pairs of sdond 1 - saM kjnas. Since it is not a mmon thing to see second hand khang3...../2

T hand khangas being sld, he querried h as t6'how he cio by tho clothes* The first acsed and the other person abcondod leaving the clothes at the spot they were found. They were chased and approhondod. The first accused then montionc the appollant and another person :i'.s the ones who had given him the clothes. That infozation lead to the arrest of the appellant. In his sttornont in court the first accused at first denied having over knwn the 2ppol1..nt. In cross ocamjnati0fl, however, he stated that the had been given to him by the appellant as a pledge fr a l,an qf 700 shz he had advaicod to hm and that reorted to aoUng the clQ thee because the appellant had öofaulted to py the t$an. It sha.d have boon clear to the trial magisirate that the statement ,. ,.aocusod covid not be actod upon to convict the appellant un,oa It was corroborated# Cg.rroboxtion in this case could have coma tr9m the wife of the appellant who was reported by o'px4 have said that the ithangas belonged to her husband but na ofort wa mL%dQ to eall her as a witness in which case her statont was 4QAr say evidence which was inadmissible. The statomonj gf the first accused connecting the appellant with the efVonoe having not boon crroboxvtod, it would be unsafe to aUo'r the conviction to stand 4 The äonvjotion is accérdingly quashed and sentence set aside, The appellant aheald be sot free at once unless he is,othorwiao jogally dot4inod in respect of some other matter. I. J. R. c:JA 4't Mbeya ; JUDGE 25th.Aaptembort. 4991 dgont delivered in the proserico of Mr. IIbise State Attorney for the Ropublic'1 :2T L. J. R. CHU LJBQ/ATM'lima JUDGE 25/9/ 1 I