Remtulla v Rex (Criminal Appeal No. 217 of 1949) [1949] EACA 47 (1 January 1949)

### COURT OF APPEAL FOR EASTERN AFRICA

# Before SIR GRAHAM PAUL, C. J. (Tanganyika), EDWARDS, C. J. (Uganda), and SIR JOHN GRAY, C. J. (Zanzibar)

## MOHAMEDALI AHMED REMTULLA, Appellant (Original Accused)

# REX, Respondent (Original Prosecutor) Criminal Appeal No. 217 of 1949

(Appeal from decision of H. M. High Court of Tanganyika-Knight, J.)

Corruption of public officer—Whether proof necessary that it was corruptly accepted.

A plain clothes constable was counting passengers on accused's bus; the accused owner winked at the constable and handed him Sh. 15 asking the constable: to "leave him alone". The constable immediately drew his associates attention to the fact that they saw him being given Sh. 15.

Held (19-10-49).—It was unnecessary to prove that the corrupt gift or offer was corruptly accepted.

Appeal dismissed.

McRoberts for the Appellant.

### Munir, Crown Counsel (Tanganyika), for the Respondent.

JUDGMENT (delivered by SIR GRAHAM PAUL, C. J.).—In this appeal we are asked to hold that a person who corruptly gives or offers money to a person in the public services to induce such person to omit to perform some duty of his office does not commit an offence under section 91 (2) unless it is proved that the corrupt gift or offer was corruptly accepted by the person to whom it was given or offered. In our opinion it is manifestly impossible to put such a construction on section 91 (2) without serious violence to the English language and common sense. We find no merit in the appeal which is dismissed.