iii. Number of items stolen: The Charge Sheet states that the
number of stolen items were one hundred (100) sets of clutch
covers while Prosecution Witness 1, Mr Mika said they were
two hundred and fifty (250) sets of clutch covers.
iv. Value of items stolen: The Charge Sheet states that the
items were valued at Eight Hundred Thousand Tanzania
Shillings (Tshs. 800,000/=) while Prosecution Witness 1, Mr
Mika testified to their value being Two Million Two Hundred
Thousand Tanzania Shillings (Tshs. 2,200,000/=).
v. Proof that the offence of armed robbery occurred. The
Applicant states that Prosecution Witness 4, Mr. Ally Saidi who
was one of the two persons alleged to have been attacked and
injured during the robbery did not testify to seeing the Applicant
at the scene of the robbery incident. The Applicant maintains
therefore, that it was wrong to charge him with the offence of
armed robbery and that, instead he should have at most, been
charged with the offence of being in possession of stolen
property.
vi. The authenticity of the Police Form 3 issued to the alleged
victim of the armed robbery: Prosecution Witn ss 4, Mr. Ally
Saidi. The Police Form 3 is issued by a Police Officer who
holds the rank of Police Constable and above, to a person
claiming to have been injured as a result of a criminal act. The
form allows him or her to obtain medical attention from a health
facility. The Applicant contends that there was no prosecution
testimony to authenticate the Police Form 3 issued to Mr. Ally
Saidi.
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