081-NLR-NLR-V-24-LAXANA-v.-MUHANDIRAMA.pdf
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Present; Porter *T.
LAXANA t>. MUHANDIRAMA.
33QmmmPm C. Mat do, 18tl86,
Criminal breach of trust—Mere deficienty of good# entrusted to servant, .
Mere deficiency in the quantity of the . goods entrusted to aservant is not of itself sufficient proof of criminal breach oftrust.
T HE facts appear from the judgment.
H. V. Perern, for appellant.
July 18, 1922. Pouter J.—
The appellant was convicted in the Police Court at Matale onJune 19, 1922, under section 891 of the Ceylon Penal Code, andsentenced to two months' rigorous imprisonment. 1 do not thinkthat there is sufficient evidence on wliich the conviction oan beupheld. The accused was a club peon, and in his position as suchhe was entrusted with certain empty soda water bottles. On stockbeing taken there was found to be a deficiency of thirty-six dozenbottles. Koch v. Nicholas Pullo 1 lays it down that- mere deficiencyin the quantity of the goods entrusted to a servant is not of itselfsufficient proof of criminal breach of trust. In this case there isno other evidence. It is true that the accused alleged that hedespatched two dozen of the empty bottles by rail to the sodamanufacturers. He has pointed out u railway porter {one Perera),to whom he says he gave the bottles. That porter Perern has notbeen called, but the Station Muster says that the books show that.Perera was not on duty-on the day on which the accused allegeshe despatched the empty bottles. The accused is a young manwho has been employed as peou to the club for the last two years,nnd . has hitherto borne a good character. The evidence, to mymind, is not sufficient on which to convict. T would, therefore,allow this appeal, and quash the conviction.
Appeal allowed.
1922.
1 (1S98) 3 N. L. B. 198.