THE QUEEN v. ALLIS.

THE QUEEN v. ALLIS.

D. C, Galle (Criminal), 12,531.

 

Ceylon Penal Code, ss. 314 and 316-Hurt-Grievous hurt.

To find a person guilty of voluntarily causing grievous hurt, the offender must be proved not only to have caused that grievous hurt, but to have known he was likely to cause it.

Where a boy of 18 years kicked another of 13 years on the abdomen and caused an injury, by reason of which the latter's life was in danger for some time-

Held, that the offence of which the accused is guilty is the offence of causing hurt punishable under section 314, and not the offence of causing grievous hurt punishable under section 316 of the Ceylon Penal Code, inasmuch as there was no proof of knowledge on the part of accused that the kick was likely to cause grievous hurt.

THE complainant and accused, who were respectively 13 and 18 years of age, went a-fishing and quarreled with each other, in the course of which the accused kicked the complainant on the abdomen. The kick produced puffiness and pain in the stomach and retention of urine. The doctor deposed that the boy's life was in danger for nearly a week.

The accused was committed for trial

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