132-NLR-NLR-V-02-NELL-v.-MUTTU.pdf
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NELL v. MUTTU.P. C., Colombo, 46,513.
Uttering obscene words—Charge—Requisites—Conviction—Ceylon PenalCode, s. 287.
In a prosecution under section 287 of the Penal Code, for usingobscene words in or near a public place to the annoyance of othersthe words alleged to be obscene must be set out in the charge andin the conviction, so that the Appellate Court may judge as towhether they were obscene or not.
The obscene words used by the accused sufficiently appearing inthe-evidence, the Supreme Court affirmed the conviction, butordered the Magistrate to amend the oonviotion by setting out theobscene words.
t j 1HE facts sufficiently appear in the judgment.
Jayawardena, for appellant.
Wendt, for respondent.
23rd March, 1897. Bonser, C.J.—
In this case the appellant was sentenced to fourteen days’ rigorousimprisonment for using obscene words in or near a public placeto the annoyance of others. He has appealed against the sentence.The only ground of appeal which has been attempted to be urgedis that the obscene words were not set out in the conviction. Buttiie obscene words were deposed to by the complainant andappeared on the record. There is no pretence that the appellantwas prejudiced in any way by the obscene words not being setout in the charge. I adhere to what I said in the Chilaw case{P- C., No. 5,957), heard in appeal on the 29tb January, 1894,that the obscene words should be set out in the conviction, sothat.the Appellate Court may judge as to whether they were obsceneor not. In the present case, there is no question that the wordsused were obscene words, and the objection is a purely technicalone.
. I send the case back to the Magistrate in order that he may setout in the conviction the obscene words which he finds were usedby the appellant.
The appeal is dismissed.
1897,
March 23*
VOL. II.
12(55)29