The court stated obiter that if a prosecutor chooses

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The Court stated, obiter, that if a prosecutor chooses not to cross-examine an accused who testifies, “this can raise a presumption in the mind of the court that the version of the affair given by the accused is not raised as a matter in is- sue with the Republic.” 445. R . v. Rutema Nzungu, Crim. Sass. 87-M-67, 1/11/67, Mustafa J Accused was charged with murder. The deceased was stabbed about midnight in an unlit room. Another person who was sleeping in the room and deceased’s mother, who lived nearby, both testified that they were awakened by the cry of the deceased that “It is Rutema Nzungu who has killed me.” Both witnesses also testified that they recognized accused as he was running away. Accused pre- sented witnesses who supported his alibi, that he was in a drunken sleep in his own house on the night of the killing. Held: (1) It is a rule of practice that there must be corroboration of a dying declaration. [Citing Okethi Okale & others v. R., (1965) E.A. 555, 558.] In the present case it seems unlikely that either the deceased or the other witnesses had adequate opportunity to recognize accused and there is no adequate corro-
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boration. (3) There is no onus on the accused to prove an alibi. All he need do is raise a reasonable doubt. [Citing Leonard Aniseth v. R., (1963) E.A. 206]. Here accused has raised more than a reasonable doubt. Accused acquitted. 1967) H.C.D. - 134 – 446. Nassoro s/o Mohamedi v. R., Crim. App. 745-D-67, 8/11/67, Georges C. J. Accused were convicted of burglary and stealing upon evidence that four days after the offence was committed a Kitenge shirt was found in the possession of one accused and a coat, pair of trousers and other articles were found in the possession of the other accused. These articles were identified in the charge on- ly as “different clothes.” Held: (1) In such cases as this the charge should itemize in some detail the property alleged to have been stolen, particularly where the accused raise the defence that it is their own property. (2) The proper procedure for identifica- tion of property in court is that the claimant should describe the item before it is shown to him, so that it can be clear to the court when the item is eventually ten- dered whether or not he was able to identify it. Convictions set aside. 447. R. v. Esta d/o Ikumboka , Crim. Sass. 170-D-67, 25/10/67, Georges C. J. Accused was charged with infanticide [P.C. s. 199] The child’s body had been buried for 10 days when first examined by a doctor, and decomposition had be- gun. A green cloth was tightly tied about its neck, and its lung were expanded; the doctor’s initial opinion was that it had been strangled. However, analysis of specimens of both lungs by a pathologist in Dar es Salaam found that the gas- spaces in the lungs were due to purification; the doctor then revised his opinion.
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