of the robbers and apprehended the Applicant nearby the house with some
of the stolen property.
4.
After the arrest, the Applicant was taken to the Village Executive Officer
(VEO) together with the properties found in his possession. The Applicant
was interrogated by the VEO and upon interrogation stated that there were
six (6) other bandits and mentioned the other culprits to the VEO.
5.
The Applicant and his accomplices were charged with the offence of armed
robbery, contrary to Section 285 and 286 of the Respondent State’s Penal
Code. On 4 August 1999, the Applicant and his co-accused were arraigned
before the District Court of Urambo at Urambo, in Criminal Case No.
151/1999. On 9 September 2003, the District Court acquitted five (5)
accused persons but convicted the Applicant and one co-accused person
and sentenced them to thirty (30) years in prison and twelve (12) strokes of
the cane.
6.
The latter two then filed an appeal before the High Court sitting at Tabora,
being Criminal Appeal No. 37/2004, and on 26 June 2007 the Applicant’s
appeal was dismissed. The High Court, however, upheld the co-accused
person’s appeal and he was released from prison.
7.
The Applicant filed a further appeal to the Court of Appeal of Tanzania sitting
at Mwanza, being Criminal Appeal No. 461/2007. In its judgment of 19 April
2013, the Court of Appeal dismissed his appeal in its entirety.
8.
On 11 May 2013, the Applicant filed an application for review of the Court
of Appeal’s decision, but at the time of filing the Application before this Court
no final decision had yet been made by the Court of Appeal.
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