R. v. Shaibu Magude; Crim. Rev. 140-D-1971; Biron J.; 10/11/1971.

R. v. Shaibu Magude; Crim. Rev. 140-D-1971; Biron J.; 10/11/1971.

The accused was an Assistant Field Officer employed by the ministry of Agriculture Food and Cooperatives. He was employed at the Magalikwa Ujamaa Village in Iringa. Under his control were to tractor drivers; also employed by the Ministry, whose job it was to plough land for the village. The accused was charged on two counts. The first was that he forged the signatures of the two tractor drivers on payment vouchers, purporting to show that they had received their was. In fact the accused kept their wages himself. The second count was that he stole the money which came into his possession by virtue of his employment. The district magistrate convicted the accused. For simple theft.

Held: (1) “The accused was a public servant in that he was employed by the Ministry of Agriculture, Food and Co-operatives as an assistant field officer, and, further, the money which he was given to hand to the two men came into his possession by virtue of his employment. He should therefore have been convicted of stealing by public servant as charged.” (2) “Perhaps for the sake of the record, although It can be argued that it is a fruitless exercise and possibly an idle speculation, the magistrate came to the conclusion be did because he considered that the accused received the moneys on behalf of the two men whom he was to pay. However, whatever was in his mind which he has not disclosed, it was, as I think sufficiently demonstrated, not in accordance with law.” (3) Guilty of theft by public servant.