WIMALESEKERA v. SILVA.

BALTHAZAR v. BABA APPU.

P. C, Matara, 29,415.

 

Giving false evidence-Procedure before conviction under Ordinance No. 9 of 1895, s. 12-Inconsistent statements.

Before a witness is summarily punished by a Police Magistrate for giving false evidence under section 12 of Ordinance No, 9 of 1895, the reason why the Magistrate holds his evidence to be false must be stated to him, and he should be asked to show, if possible, by explanation, that his evidence is not false.

The Ordinance was not intended to punish a witness as for contempt in a summary trial because his evidence, though quite consistent at the trial, differs materially from what he said in another judicial proceeding.

THIS was an appeal from an order of the Magistrate, made under the Oaths Ordinance, section 12, imposing a fine of Rs. 50 on the appellant for giving false evidence in a judicial proceeding.

Tirunavukarasu, for appellant.

9th September, 1897. Withers, J.-

The 12th section of the Oaths Ordinance of 1895 requires that reasons should be recorded when a fine is imposed for giving false evidence. Indeed, the Magistrate has not expressly found what was the false

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