ABEYESUNDERE, J.—Siriwardhena a. Goon
1962Present : Abeyesundere, J.
P.SIRIWARDHENA, Appellant, and L. D. C. GOON (Inspector of
►S'. G. 1,133 of 1961—M. C. Avissawella, 47,411
Sentence—Assumption of jurisdiction under section 152(3) of Criminal ProcedureCode—Incapacity of Magistrate to impose sentence of lashes—Corporal Punish-ment Ordinance, s. 7(1).
A sentence of lashes under section 7(1) of the Corporal Punishment Ordinancecannot be imposed on an accused person when he is convicted by a Magistratewho has assumed, under section 152(3) of the Criminal Procedure Code, juris-diction to try summarily an offence which is triable by a District Court.
A.PPEAL from a judgment of the Magistrate’s Court, Avissawella
W. G. N. Weeratne, for accused-appellant.
T. A. de 8. Wijesundera, Crown Counsel, for Attorney-General.
March 26, 1962. Abeyesundere, J.—
The appellant appeals from the conviction and sentence in the pro-ceedings in which he was charged with an offence committed undersection 317 of the Penal Code by voluntarily causing grievous hurt to
R.P. Mendis Appuhamy by means of a corrosive substance, namely acid.
ABEYESTJNDERE, J.-—Siriwardhcna v. Goon
I am satisfied that the findings of the Magistrate on the facts arecorrect. Ho has, however, erred in making an order under the CorporalPunishment Ordinance that eight lashes be given to the appellant.Under section 7(1) of that Ordinance it is a District Court which hasthe power to impose a punishment of whipping in addition to any otherpunishment to which the convicted person may be liable under the PenalCode. The appellant, although convicted by the Magistrate after heassumed under section 152(3) of the Criminal Procedure Code the juris-diction to impose airy sentence which a District Court may lawfullyimpose, was not convicted by a District Court.
I affirm the conviction but set aside only that part of the sentencewhich relates to lashes.
Conviction affirmed..Sentence of lashes deleted.
P. SIRIWARDHENA, Appellant, and L. D. C. GOON (Inspector of Police ),Respondent