HappyGod Silayo vs Republic (HC Criminal Appeal No. 178 of 1990) [1990] TZHC 321 (21 November 1990)

IN THE HIGH COURT OF TANZhNIA A.T ARUSti~ hPP E.LLF.TE JURISDICTION HIGH COURT CRIMINhL API:JE/-\L NOo 178 OF 1990' a.,,.b.....,,_ ... _ • . . (Original Criminal Case No. 33 of 1990 of the District Court of Moshi District at Moshi - ~~E2_ Go .Ao S. KhJOLEKA, Esq~, District !V1agistrate) HAPPYGOD SILhYO O o O e o·o O O O e e O o O O O O O o o O o_o O O o_o O o oAi:'l:'ELLhNT, (Original Accused) versus THE RE?UBLIC o o o. o o •• o •• o. o. o ••• o ••••• o. o·• '• ... RBSPONDENT (Original.?rosecutoi) ---- ... --------------------------- .• JUDGMENT The appellant, a government stores watchman, was prosecuted in the District Court of Moshi for stealing by public servant cohtro.ry to sections 270 and 265 of the· Penal Code.. He ·was alleged to have stolen five corrugated iron sheets valued at shillings 10,000/c, the property of the government. He was found guilty and convicted as charged. He was sentenced. to the statutory minimum of five years imprisonment. Since the five corrugatd iron sheets were recovered the trial court quite properly did not make a compensation order. He, however, felt aggrieved by the conviction and sentence and appealed to this court. The appenl was futile because the coviction and sentence were both well d<::served. The evidence implicating him was 4' clear and straightforward and his concocted defence did not rais< the slightest doubt as to his guilt. The person to whom the appellant took the stolen iron sheets became suspicioMs and informed his ten cell leader• PoWo4. The ten cell leader immediately reported to the Ward Secretary - PoWo2. The Ward Secretary checked the government store and ascertQined that five iron sheets were indeed missing. · The appellant who, as a- watchman (rather surprisingly), had the keys to the store denied knowing how the five iron sheets became missingo

He WclS arrsted and sent to the police whti" ·rearrested him and later charged him in court. The appellant'S lame defence was to deny that he sold five iron sh·eets to the person who, quite unf·arely, was charged with receiving stolen proper.ty, though he was acquitteda Since I too have no -d<;)Ubt .. at- all about the guilt of the appellant,I disis his appeal in its entiety. At Arusha: 21/11/1990 ,JAM/ViJI<., .,.....9,3...,_ __ ,.._ (J., Aa Mroso) JUDGE ' -~ 1 • } ~\ : ..