Facts
This revision arose from trial and subsequent conviction of the accused of housebreaking and stealing by the District Court of Singida. The only evidence against the accused upon which the trial court based its conviction was a confession made by the accused to a police sergeant during interrogation. The accused alleged that he was beaten severely and was threatened with further beating during interrogation unless he surrendered the stolen money. P.W.2 gave evidence supporting this allegation. The trial court also admitted under s. 34B(2)(b) of the Evidence Act a written statement signed by its author who was said to be in Uganda; the only factor guiding the admission of the said statement being the signature purporting to have been made by the author of the written statement.
Held: (i) A confession made involuntarily to a police officer cannot alone be the basis of I a
conviction.
(ii) the provisions of s. 34(B)2 of the Evidence Act are cumulative, therefore to A admit a statement in evidence under s. 34 (B) (2) (b) all the conditions set forth from paragraphs (a) to
(f) must be satisfied.
(iii) in this case only the first two provisions, that is (a) and (b) were satisfied hence the statement was inadmissible.
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