The Director of Public Prosecutions vs Zuhura Abdallah and Another (High Court Criminal Appeal No. 98 of 1989) [1990] TZHC 50 (10 October 1990)

• -~~ ... •••, ••.: ,. ..... ---.-.""::; .... 'T •,a•-• //7 L ·.d .f.--''., IN THE nIGH COURT OF TANZANIA AT DAR ES S1\LAAM IJ>P3Ll,ATE JURISDICTION HIGH COURT CRil'.UNl.L ,WPEAL NO~ 28 OF 198~ (From original Criminal Case No~ 117 of 1986 of the District Co.urt o:f: Ilnla District at Kisutu) THE DIRECTOR OF PUBLIC PROSECUTIONS ...... , . APPELLANT · (Original Prosecutor). ZUHURA ABDALLAH AND versus ANOTHER . ~ . . . . . . . . . . . JUDGMENT RESPONDENT (Original Accused) After convictins the respondents of wounding contrary to section 228 of the Penal Code, the learned trial district magistrate discharged them unconditionally under section JS of the Penal Code. The Director of Public Prosecutions is appealing against the snid- discharge order. The two respondents are sisters. The second respondent had a quarrel with her husband and she decided to seek re1u 5 e to her parents• home. However, her father ordered her to refurn to her husband. Reluctantly, second resportdent obeyed her father's order and she was escorted back by her young sister- the first respondent. At the matrimonial house of the second respondent they :found the complainant,. who it transpired, was {. a long time lover of the second respondent•s husband. Both respondents attcked her jointly and caused her to suffer some dangerous harm. CJ'hen discharging the respondents 1 the learned trial magistrate was influenced by the fact that respondents were reasonably provoked by the adulterous conduct of the complainant. I respectfully associate myself with tho le~rned •••. \I' ••••• /2 1-

I 2 tial magistrate•s sentiment. I think by disharging the repondents, the court :fittingly expressed its abhor.ranee against complainant t . misc0nduct. Complainant• .s decision to impose upon herself' the matrimonial con:fidenc·e in disreard to second respondent's marriage sanctity Wf!S an act o-£ extreme' . ioral arrogance. The court ouht _to f'rawn .agains,t such ·immorality. The order for absolute discharge' is ~ustained hence this appeal is dismissed. ' .

J{. A• Msumi 
JUD G E 
10/10/1990