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COORE v. ALLIS APPU


COORE v. ALLIS APPU.

COORE v. ALLIS APPU.

P. C., Colombo, 85,056.

 Dishonest retention of stolen property-Stolen bicycle found seven months afterwards in accused's house-Evidence of dishonest receiving, to show dishonesty in retention-Penal Code, s. 394.

   
Where a bicycle, stolen seven months previous to the prosecution, was found in the bedroom of B, who, having no means of livelihood, lived with and was supported by A, his father, and B was unable to prove his statement that he had purchased it from C,-

    Held, per MONCREIFF, J.,-that a charge of dishonestly retaining property knowing the same to be stolen does not negative dishonest receiving, and that evidence which would establish a charge of dishonest receipt may, although no charge of dishonest receiving is preferred, be used to show the dishonesty of the retention.

    Mahamadu v. Bandirala, 3 N. L. R. 267, questioned.

    A
N appeal against a conviction for dishonestly retaining a bicycle stolen from one Mr. Dix, knowing the same to be stolen. Each of the two accused was sentenced to one year's rigorous imprisonment under section 394 of the Penal Code.

    Mr. Dix left it outside the Pub

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