(delivering the judgment of the Court): The appellant gave false testimony at the murder trial of Karthigesu who was convicted and sentenced to death. That case rested on the appellant's testimony which provided the main link in the largely circumstantial evidence tendered by the prosecution. The conviction and sentence were set aside by this court when the appellant confessed on oath that he had told lies at that murder trial. He was duly charged and convicted of 'giving false evidence with intent to procure Karthigesu's conviction of a capital offence' under section 194 of the Penal Code. That particular offence carries a maximum sentence of 20 years and a fine. The learned judge imposed a sentence of 10 years imprisonment.

It is now said before us that that sentence was wrong; that it was harsh and manifestly excessive. Therefore this court should interfere because every wrong sentence is as much a miscarriage of justice as a wrongful conviction or acquittal.

In our view to give false testimony in a capital case is a very serious thing to do because it can jeopardise the life of the accused. It is for that reason that the Penal Code has provided a separate