Sisya, J: This is a second appeal and it is against the order of F compensation only. The appellant was charged with the offence of setting fire to crops and growing plants c/s 321 (a) of the Penal Code. After a full trial and conviction he was sentenced by the Maramba Primary Court of Muheza District to pay a fine of shs.400/= or in default of payment thereof to go to jail for three months. He was also ordered to pay shs. 600/= compensation to the complainant. G
Aggrieved he appealed against conviction, sentence and order of compensation to the District Court. On first appeal the District Court quashed the conviction and set aside the sentence but the first appellate court upheld the order of compensation. In his memorandum of appeal the appellant avers that the learned District Magistrate on first H appeal erred in law in upholding the order of compensation. This is a point of law. It is not clear under what provision of the law the learned District Magistrate ordered the compensation after he had found that the appellant was not guilty of the offence charged. To the best of my knowledge the only relevant provisions of the law under which the I learned District Magistrate could have acted are section 31 of the Penal Code and section
176 of the Criminal Procedure Code. Both these provisions, however, come into play A only when a person has been convicted of an offence. Since the appellant was not convicted of an offence, or rather he had been absolved of criminal liability, I cannot see how this order of compensation can stand. The same is hereby, therefore, quashed and set aside. If the appellant has already paid the compensation then the same should now B be refunded to him. I may mention in passing that the way is left open to the complainant, if he so wishes, to proceed by way of a civil suit against the appellant. All in all this appeal succeeds and it is hereby allowed.
C Appeal allowed
D
