055-NLR-NLR-V-73-S.-P.-JAYAWARDENA-Appellantand-THE-QUEEN-Respondent.pdf
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TEXXEKOOX, J.—Jayatcardtna v. The Queen
1970
Present: Tennekoon, J., and Wijayatilake, J.
S.P. JAYAWARDENA, Appellant, and THE QUEEN, RespondentS.C. S/1069 {Special)—D. C: JIalara, 2640/L
■Oaths Ordinance {Cap. 16)—Section 11 (J)—"Witness—Summary punishment Jot givingfalse evidence in open court—:Procedure—Penal Code, s. 188.
A witness should not bo punished by a District Judgo under section 11 (1)of the Oaths Ordinenco for giving false evidence in open court unless ho i3 firstgiven ah opportunity of showing cause, Furthermore, action should not betaken under that section until the conclusion of the case.
. S. Sahabandu, for the witness-appellant.
No appearance for the plaintiff-respondent.
Hay 15, 1970. Tenxekoox, J.—
Tho appellant in this case is a person who gave evidence in the courseof a civil trial in the District Court of Matara; he was called by thedefendant in the case and while in the box was questioned at some lengthby the District Judge himself. When he concluded his evidence thelearned District Judge, purporting to act under Section 11(1) of theOaths Ordinance (Cap. 17), sentenced the witness to a fine of Rs. 501-in default 2 months’ rigorous imprisonment, on the ground that in hisopinion the witness had given false evidence within the meaning ofSection 1SS of the Penal Code.
The witness was not given an opportunity of showing cause against an■order being made against him under Section 11 of the Oaths Ordinance.In the case In re de Silva1 this Court held that a District Judge or amagistrate should not punish a witness for giving false evidence under
Appeal
from an order of the District Court, Matara.
* (1049) SO N. L. R. 517.
Yahiya v. Perera
305
Section 11 (1) of the Oaths Ordinance without first giving the witness anopportunity of showing cause ; the Court further said that action shouldnot be taken under that section until the conclusion of the caso.
We think that in this caso the learned District Judgo has not observedtho procedure that has been judicially laid down for Judges when actingunder Section 11 of the Oaths Ordinance. We therefore, quash theconviction and the sentence. The appeal is allowed.
Wijayatilake, J.—I agree.
Appeal allotted.