ACHCHI KANNU v. AGO APPU.

P. C. Ratnapura, 20,026.

False evidence-Summary punishment-Criminal Procedure Code, s. 440

Per Moncreiff, J,-Section 440 of the Criminal Procedure Code was not meant to be used in cases of confliot of evidence merely, but in cases where the falsity of the evidence of a witness appears from something which has taken place in the course of the trial.

It is irregular to exercise the powers conferred by this section when the knowledge and proof of the alleged false evidence is obtained from some source exterior to the case in which the evidence was given,

IN the course of the trial of this case, one of the witnesses deposed as follows:-" I did not tell the police sergeant " that I had seen the complainant go to the accused's boutique;" and another witness, in the course of his evidence, deposed:-" I "did not tell the sergeant I saw her go inside the accused's " boutique, or that she took rice from there. I am quite sure " I did not say so." These statements were not called in question by any evidence given during the trial, nor were they conflicting with anything that had been said by the two witnesses. But after ju