Robi v. R. Crim. App. 792-M-70; 20/8/71; El –Kindy, J.

Robi v. R. Crim. App. 792-M-70; 20/8/71; El –Kindy, J.

The appellant was convicted by a Primary Court of cattle theft c/ss 268 and 265 of the Penal Code and sentenced to 3 years imprisonment and 24 strokes of corporal punishment. His appeal to the District Court was dismissed. The only evidence against the appellant was that of an 8 years old child, Mwita Magaigwa.

Held: (1) “Magaigwa’s evidence was not properly admitted as required by Rule 30(2) of the Primary Courts Criminal Procedure Code, Third Schedule to the Magistrate’s Courts Act, and 1963 Cap. 537 ………….. It is necessary that the trial court examines the child witness before admitting his evidence. In this case the record is silent.” (2) “Even if such evidence is properly admitted, it cannot be acted upon unless there was supporting evidence as required by Rule 15 (1) of the Magistrates Courts (Rules of Evidence in Primary Courts) Regulations 1964 (G. N. 22 of 1964). In this case apart from the evidence of Magangwa there was no supporting evidence” (3) the appeal was allowed.