065-NLR-NLR-V-49-PUNCHIAPPUHAMY-Appellant-and-WIJESINGE-Excise-Inspector-Respondent.pdf
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BASNAYAEE J.—Punchiappuliamy v. Wijesinghe.
1948Present: Basnayake J.
PUNOHIAPPUHAMY, Appellant, and WUES1NGHE {ExciseInspector), Respondent.
S. C. 1,491.—M. C. Galle, 7,044.
Criminal Procedure Code—Plea of guilt—Tendered by proctor—Conviction irregular—Section 188.
A plea of goilt must be tendered by the accused himself. The secosedcannot be convicted on a plea of guilt tendered by his proctor.
A
PPEAL from a judgment of the Magistrate, Galle.
W. H. Widaremesinghe, for aocused appellant.
A. G. Attes, Crown Coattsel, for the Attorney-General.
February 5, 1948. Bashayake J.—
At the conclusion ol the trial of this oase, the proctor who appeared'for the two aooused tendered a plea of “ guilty ” on behalf of the firstaooused. The proseoution then with the permission of the learnedMagistrate withdrew the charge against the second aooused. It is nowurged on behalf of the first aocused that the proctor had no authority towithdraw his previous plea of “ not guilty ” and tender a plea of “ guilty ”and that the conviction cannot therefore stand.
The contention of oounsel is entitled to suooeed. Seotion 188 of theCriminal Procedure Code makes no provision for the pleader of theacoused making the statement required thereunder. An accused cannotbe punished on an admission of guilt unless that admission is unqualifiedand made by the accused in person. This Court has consistently laidthis down. In this connexion I need only refer to the oase of Saram v.Neina Marikar1. I quash the conviction and order a retrial of the firstaocused before another Magistrate.
Sent back for re-trial.
(1900) 4 N. L. R. 164.