FRANK PERERA

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
WICKREMASINGHE, J.
P. FERNANDO, J.
CA/HCC/318/2015
HC COLOMBO 6248/2012
AUGUST 5, 2019

Criminal law-Penal Code, sections 462, 455-Possession of a forged document-Mens rea-Knowledge of the offence-Reasonable doubt

The accused was indicted in the High Court for committing an offence punishable under section 462 read with section 455 of the Penal Code for knowingly having in his possession a forged police clearance certificate. After trial, the High Court found the accused guilty and sentenced him to seven years imprisonment. The accused appealed to the Court of Appeal on the grounds that the High Court judge had failed to consider the infirmities in the prosecution case and that the prosecution had not proved the mens rea of the offence beyond reasonable doubt.

Held:

1. In terms of section 462 of the Penal Code, the prosecution must prove that the appellant possessed the document and also that he knew it was a forged document.

2. It is always open to the trial court to base a finding of knowledge on evidence that the accused deliberately shut his eyes to the obvious or refrained from inquiry be