This is an appeal by the Public Prosecutor.

The respondent was, on the 30th June, 1953 tried before the Sessions Court at Malacca on the following charge:--

"That you on 17th April 1952 at Malacca in the course of an inquiry

into an alleged offence of cheating by one Carvalho, intentionally

stated in answer to T. Hamilton, a Superintendent of Police, that: "I

saw the P.W.D. lorries and labourers dumping the gravel at the site

prior to my starting the task", and that you on 29th April, 1953 at

Malacca, in the course of the trial of the said Carvalho and another

before the President of the Sessions Court, intentionally stated in

evidence that: "I did not see any road material brought to the site...

I am sure I didnt see any of the road material brought to the site;"

one of which statements you either knew or believed to be false or did

not believe to be true, and thereby committed an offence punishable

under section 193 of the Penal Code."

At the close of the case for the prosecution the respondent was acquitted by the learned President who took the view that he was bound by the decision of