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Present: Mr. Justice Grenier.JAYASINGHE v. SIYADOEIS APPU.
Nov. IS, 1909
P. G.t Hatton, 8,327.
False information to police officer—False charge—Penal Code, ss. 180, 203—Jurisdiction of Police Magistrate.
A person giving false information to a police officer to the effectthat- another person had committed theft of certain articles shouldbe charged under section 208 of the Penal Code, and not undersection 180. A Police Magistrate has no jurisdiction to try theoffence.
PPEAL from a judgment of the Police Magistrate of Hatton.
The accused-appellant gave false information to Police
Constable Jayasinghe that one Deonis had committed theft. Deoniswas prosecuted by the police, but was acquitted. Thereupon theaccused was charged under section 180 and convicted. He appealed.
Elliott, for the appellant.—The facts disclose an offence whichfalls under section 208. The Police Magistrate has no jurisdictionto try such offences. Counsel relied on P. C., Trincomalee, 2,347.1
Cur. adv. vult.
November 18, 1909. Grenier J.— •
The appellant was convicted under section 180 of the Penal Codefor giving false information to Police Constable Jayasinghe to theeffect that Paterarege Deonis had committed theft of certain articles.
A charge of theft was accordingly preferred by the Police Constableagainst Deonis, and after inquiry by the Magistrate he wasacquitted.
A preliminary objection was taken by Mr. Elliott to the convictionof the appellant, on the ground that he should not have been chargedwith an offence punishable under section 180, but that he shouldhave been charged under section 208, an offence under the latter .section being triable only by the District Court.
Mr. Elliott referred me to P. C., Trincomalee, case No, 2,347,1in which Layard C.J. sustained a similar objection. I agree withthe ratio decidendi of that case, and would set aside the convictionand sentence and acquit the accused.
Appeal allowed; accused acquitted.
1 S. C. Min. June IS, 1905, reported in IS N. L. R. 10.
JAYASINGHE v. SIYADORIS APPU