Syed Agil Barakbah J:

This is an application under s. 317 of the Criminal Procedure Code for additional evidence to be adduced at the hearing of the appeal. The evidence intended to be adduced is from one Mohd Yusof bin Ladin to the effect that Abdul Jalil bin Nordin (PW8) had committed perjury at the trial of the appellant before the President, Sessions Court, Kangar, on 3 April 1974. The charge against the appellant was for corruptly accepting a gratification under s. 4(a) of the Prevention of Corruption Act, 1961. He was found guilty of the charge by the Learned President, convicted and sentenced to six months imprisonment. In addition a penalty of $130 under s. 13 of the Act was imposed. Against this conviction and sentence he has now appealed. At the trial the appellant was represented by Counsel.

The brief facts of the case were that two trawler boats belonging to the complainant Abu bin Suleiman (PW6) were detained by the appellant, a police corporal attached to the Marine Branch, Kuala Perlis, and the taikong and crew were charged for operating them without licence. While PW6 was setting in a coffee shop it was alleged that the appellant went and spoke to him and