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Engineer escapes jail, pays fine for assaulting woman
2007-05-04 09:22:19
By Rosemary Mirondo
At last the existence and invocation of an alternative fine payment sentence provision in the penal law has served engineer Walter Kiriho from being jailed in Dar es Salaam for slapping a woman, contrary to the penal law.
Kisutu Resident Magistrate Court yesterday sentenced the accused to a fine of 50,000/- or serve a three year jail term in default of payment.
However, Walter Kiriho who resides at Boko in Kinondoni District, paid the fine instantly, thus narrowly escaping imprisonment sentence as the last resort.
Resident Magistrate Said Msuya delivered the brief court verdict in an open court during a criminal case session as the case came up for judgement.
The trial magistrate said he harboured no doubts whatsoever that none, but the accused committed the offence charged because the prosecution had given strong and compelling evidence that incriminated him.
He said the prosecution in their evidence proved its case beyond reasonable doubt, rendering the court to irresistibly convict the accused and accordingly sentence him.
In his mitigation shortly after the court had found him guilty, Walter prayed the court as he lonely but thoughtfully stood in the accused dock, to exercise clemency on him for the reason that he was a first offender.
However, Inspector of Police Hudson Ndusyepo countered the accused`s prayer and, instead, asked the court to inflict a deterrent punishment to the accused as the law provided no lee-way to violence.
Nevertheless, the court verdict at the end of the day saw the accused regaining his liberty after paying the required fine.
Walter Kiriho (45) was charged with battery contrary to the penal law. The prosecution had alleged that the accused on March 2, last year, around 5pm at Tegeta in Kinondoni District, did slap Joyce Foya.
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