The conviction must therefore stand 2in the matter of

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tercourse with her against her will.” The conviction must therefore stand. (2)In the matter of sentence, accused should have the benefit of his “not wholly unsup- ported version of the mater.” The Court must consider the fact that accused may have been “entrapped by desires which may have been inflamed by the reck- lessness and foolishness of the complainant ….” Sentence reduced to 6 months’ imprisonment, an order for corporal punishment being set aside. 330. Lulu s/o Titu v. R., Crim. App. 207-D-67, 8/6/68, Saidi J. Accused was convicted of cattle theft. The only evidence was that the day after the theft of a sheep, one sheep’s leg was found at accused’s house. Accused’s wife was arrested and detained in an attempt to coerce the husband into appear- ing so that he could be arrested. Held: (1) In the absence of any other evidence, the possession of the sheep’s leg, which accused said he had bought at the market, was insufficient to support the conviction. (2) The Court stated, obiter, that the arrest of a wife of an accused is illegal unless she has taken some part in the commission of the of- fence and could subject those arresting her to a claim for damages. Conviction quashed.
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331. Kishorilal Dhaniram Aggarwal v. R., Crim. App. 238-D-68, 7/6/68, Saudi J. Accused was convicted of seven counts of obtaining goods b;y false pretences. [P.C. s. 302]. Three of the counts referred to transactions which took place on 27 th November 1964; two referred to events taking place on 28 th November; and two referred to events taking place on 29 th November. (1968)H.C.D. - 123 – He was sentenced to a total of five years imprisonment, the counts referring to each single day to run concurrently with each other but consecutively to the counts referring to the previous days. There was evidence that for many years accused had purchased goods from Mwanza merchants on credit. He then distri- buted the goods to smaller towns in the area and paid the Mwanza merchants by post-dated cheques. In the transactions in question, he issued post-dated che- ques totalling Shs. 108,000/- and then flew to Bombay without depositing any funds in his bank account, which at the time had a balance of Shs. 88/95. The appeal was against the severity of sentence only, and it was alleged that ac- cused was in poor health. Held: (1) Accused had for years purchased goods with post-dated che- ques which he had regularly paid until the events in question, an in the circums- tances he should have been charged with obtaining credit by false pretences [P.C. s. 305] rather than obtaining goods by false pretences [P.C. s. 302]. (2) As accused was represented by counsel both at the trial and on appeal, and as the matter of the error in the charge was not raised at the trial an the appeal is against sentence only, the complaint against the conviction cannot be enter- tained, but the error may be considered in assessing sentence. (3) The trial ma- gistrate acted properly in ordering that the sentences on the counts referring to each single day run concurrently with each other the issuance of several che-
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  • Fall '17
  • Dean Majamba

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