072-NLR-NLR-V-18-MAJEED-v.-HENDRICK-et-al.pdf
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49i5.Present: Wood Benton C.J.
MAJEED v. HENDRICK et al631 and 632—P. C. Matara, 9,948.
Jurisdiction of Police Court—Robbery of Rs. 800.
A Police Court has jurisdiction to try a charge of robbery even where the
, amount stolen exceeds Bs. 100.
rp HE facts appear from the judgment.
A. St. V. Jayewardene, for the third accused, appellant.
Keuneman, for the first accused, appellant.
Bawa, K.G.t Acting Solicitor-General for the Crown.
July 1, 1915. Wood Benton C.J.—
The learned Police Magistrate has dealt with the appellants inthese cases, who were charged with robbery. under section 880 ofthe Penal Code, as Additional District Judge. The point taken insupport of the appeals is that he could not do this since he hadjurisdiction to deal with the case himself. The amount alleged tohave been stolen is Bs. 300; and if the charge had been one of theft,the Police Magistrate would have had no jurisdiction to try it ifthe property alleged to have been stolen exceeded Bs. 100 in value.But by a strange omission the schedule to the Criminal ProcedureCode imposes no limitation as to value upon the jurisdiction ofPolice Courts in the case of charges of robbery. It was argued thattheft is an element in the offence of robbery, and that, therefore,the limitation imposed by the Legislature in.the case of chargesunder section 367 should be read into charges under section 380 ofthe Penal Code. This is an alluring argument, and I was stronglytempted at one time to give effect to it. But I do not think thatit would be right to do so. The element of extortion as well as oftheft may form part of the offence of robbery, and the entire silenceof the Legislature in dealing with the latter offence is one thatcannot be got over by judicial interpretation. It seems to me,however, that the law calls urgently for amendment in this respect.It is certainly a curious result that a man who steals Bs. 105 must betried by the District Court, or by a Police Magistrate acting in hiscapacity of District Judge; while a man may be tried summarily bythe Police Court for the robbery of a lakh of rupees. The convic-tions and sentences must, be quashed, and the case sent back to thePolice Court to be dealt with according to law.
Proceedings quashed.