KING v, FRANCIS PERERA et al.

Present: The Hon. Mr. A. G. Lascelles, Acting Chief Justice,
Mr. Justice Wendt, and Mr. Justice Middleton.

THE KING v, FRANCIS PERERA et al.

P. C., Kandy, 4,411.

(1st Kandy Criminal Sessions, 1906.)

Confession-Specimens of handwriting taken while in custody-Statement-Inference of guilt-Penal Code, ss. 456 and 459-Evidencs Ordinance (No, 14 of 1895), $$. 17 and 26.

The accused, who were in police custody charged with forgery of a cheque under section 456 of the Penal Code, and with fraudulently and dishonestly using the said cheque as genuine under section 459, at the request of the Inspector of Police, wrote certain words on a paper.

At the trial of the accused this paper was tendered in evidence by the prosecution, but was objected to by the counsel for the defence on the ground that the words on the paper amounted to a confession. The objection was over-ruled and the paper was received in evidence.

Held, (on a case reserved), that the words written on the paper did not amount to statements within the meaning of section 17 of the Evidence Ordinance and were therefore not confessions within the meaning of section 26 of the E

Click Here to Read the rest of this document