130-NLR-NLR-V-02-THE-QUEEN-v.-ELIATAMBI.pdf
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1897.
March 2and 4.
/THE QUEEN v. ELIATAMBI.
D. C. (Criminal), Batticaloa, 2,089.
Pretending to be a public servant—Issuing summons in the name ofPresident of the Village Tribunal^Forgery—Ceylon Penal Code lss. 168 and 455j
The accused was charged under section 168 of the Penal Code“ with having pretended to hold a certain office as a public servant.“ viz., the office of the President of the Village Tribunal of Valai-“ eravu.” The evidence showed that the accused issued for“ service a summons signing it as follows :—“ E. Crowther,President of the Village Tribunal.”
Held, that the evidence did not disclose an offence under section168 of the Penal Code, but an offence under section 455, viz.,forgery of a document purporting to be -a proceeding of a court of;justice.
'J'HE facts sufficiently appear in the judgment.
Dornhorst, for appellant.
Dias, for respondent.
4th March, 1897. Lawree, J.—
It is to my mind impossible to find it proved that the accusedpretended to hold the office of President of the Village Tribunal,of Valaieravu, or that he in such assumed character issued forservice a summons.
In my opinion the facts proved would support an indictmentfor committing the offence under section 455—forgery of a docu-ment purporting to be' a proceeding of a court of justice—butthe accused at no time pretended to be Village-Tribunal President,and did no act in such assumed character. I am obliged to setaside this conviction and sentence.