BANDA v. HENAYA.

P. C., Kegalla, 14,815.

Criminal law-Dishonest retention of stolen property-Dishonest receipt- Ceylon Penal Cede, a. 894.

The offence of dishonestly retaining stolen property under section 394 of the Ceylon Penal Code must be carefully distinguished from that of dishonest receipt with guilty knowledge under the some section. The guilty receiver, when he receives property, knows it to be stolen; but guilty retention pro-supposes innocent receipt in the first instance. What must be proved on a charge of dishonest retention of stolen property is not only knowledge or reasonable belief on the part of the accused that the property in bis possession' was stolen, but that he, having acquired that knowledge, dishonestly kept such property.

THE facts of the case sufficiently appear in the judgment. It was argued on 29th January, 1896.

Bawa, for appellant.

Withers, J. -

The accused in this case has been charged with the offence of dishonestly retaining a buffalo, the property of one Tikiri, knowing or having reason to believe that the animal was stolen property. The offence of retaining stolen property under section 394 must be ca