PU LLB J".—Piyadasa v. Herath
1952-Present: Pulle J.
PIYADASA, Appellant, and HERATH (Inspector of Police),
S. C. 639—M.C. Matale, 19,291
Offering gift in consideration of screening offender—A necessary ingredient of offence—Penal Code, s. 211.
In a prosecution under section 211 of the Penal Code for offering an illegalgratification for screening an offender it must be proved that the person whois sought by the gratification to be screened had committed the alleged offence.
.^^.PPEAIi from a judgment of the Magistrate’s Court, Matale.
Colvin R. de Silva, for the accused appellant.
R. S. Wanasundera, Crown Counsel, for the Attorney-General.
Cur adv. vult.
November 12, 1952. Puule J.—
The prosecution in this case was laid under section 211 of the Penal Code,the charge being that the appellant offered an illegal gratification to amedical officer in consideration of his screening the appellant from legalpunishment for the offence of causing grievous hurt to one PeirisAppuhamy. Of the arguments urged against the conviction at leastone is entitled to succeed. In the case of The Queen v. Ramalingam 1 itwas held that in a prosecution under section 211 of the Penal Code it mustbe proved that the person who is sought by the gratification to be screenedhad committed the alleged offence. There is no proof of the commissionby the appellant of the offence of grievous hurt. The only evidence in thecase which is to the effect that the appellant had been acquitted on thecharge of causing grievous hurt points to the contrary direction.
I set aside the conviction and sentence and acquit the appellant.
1 (1886) 2 N. L. R. 48.
PIYADASA, Appellant ,and HERATH (Inspector of Police ) ,Respondent.