Mandila s/o Mwaja v. R. (PC) Crim. App. 15-D-69; 23/2/70; Makame Ag. J.

Mandila s/o Mwaja v. R. (PC) Crim. App. 15-D-69; 23/2/70; Makame Ag. J.

The appellant was convicted of cattle theft c/ss 265 and 268, Penal Code. His appeal was rejected as without merit. However in the course of its judgment, the High Court commented on the statement by the Primary Court Magistrate that the evidence of two defence witnesses needed corroboration under Rule 15 of G. N. 22 of 1964, as given by children.

            Held: (1) “With respect, I think this view proceeds from a misapprehension of the law. The corroboration referred to under the Rule must concern prosecution evidence, for it is the prosecution which has to prove the offence. In the instant case, the evidence of the two children is objected to not because it was not corroborated, but because it was untrue.” (2) Appeal dismissed.