049-NLR-NLR-V-23-THE-KING-v.-ABDUL-CADER.pdf
( 100 )
mi.
Present; Schneider A.J.
THE KING v. ABDUL CABER.
106—D. G. (Grim,), Puttalam, 326.
Dishonest retention of stolen property—Innocent receipt in the firstinstance not necessary to maintain charge.
The offence of dishonest retention of stolen property does notnecessarily imply an innocent receipt in the first instance.
HE facts appear from the judgment.
Elliott. K.G. (with him E. 0. Fonseka). for accused, appellant.
M. W, H, de Silva, Acting C.C., for Crown.
July 12, 1921. Schneider A.J.—
The accused appeals from a conviction under section 394 of thePonal Code of having dishonestly retained a certain quantity ofstolen copra. Two points were pressed in appeal: First, it wascontended that the eonviction of having dishonestly retainedcannot stand, aB the evidence, if accepted, proves that the accusedwas aware from the very start that the copra was stolen; thatdishonest retention implies innocent receipt in the first instance,and that tho accused had not been called upon to.meet such a charge.This point is now well-settled law. In Branthia v. Kaliamuttu * inwhich most, of the older decisions were cited and considered, it washeld that the offence of dishonest retention of stolen property doesnot necessarily imply an innocent receipt in the first instance. Inthe case of Coore v, Allis Appu,2 Moncreifi J. said that evidenceestablishing a charge of dishonest receiving may be used to showdishonest retention, although there wias no charge of receiving. Iwould, therefore, hold that the first point fails. The next point wasthat the burden was on the prosecution to prove the commission ofthe offence. The case ol'Perera v, Marthdis Appu8 was cited. Inmy opinion the charge has been proved. The copra in questionwas removed in a cart which the accused had sent in charge of aservant of his to remove the copra. The copra was unloaded at theaccused’s boutique. The accused was; there and took charge of thecopra. One bag was actually taken inside, the boutique.
Appeal dismissed.
t {1916) 1 C. W, R. 230.3 (2904) 7 N. L. R. 327,
3 {1919) 21 N. L, R. 312.