TEYVANAI v. NATHANIEL.

TEYVANAI v. NATHANIEL.

P. C, Hatton, 37,194.

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

The procedure prescribed by section 440 of the Criminal Procedure Code for the summary punishment of a person giving false evidence is not obligatory on the Magistrate. If he thinks fit, he may transmit the record to the Attorney-General or send the offender before a Police Court to be dealt with in the ordinary way.

It was not intended by the Legislature to dispose of cases of giving false evidence summarily, where such evidence involved the concoction of a false charge and-the subornation of false testimony.

THIS was an appeal from a conviction under section 440 of the Criminal Procedure Code for giving false evidence. The facts of the case are fully set out in judgment of the Supreme Court.

Bawa, for appellants.

H. J. C. Pereira, for respondent.

Cur. adv. vult.

* The decisions pronounced by the Supreme Court in this case and in Andris v. Juwanis (2 N. L. R. 77), D.C., Ratnapura, 540 (Koch's Reports 32), Queen v. Fernando (4 N. L. R. 218), and Achchi Kannu v. Ago Appu (5 N. L. R. 87), appear to establish the following pr

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