Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice.

THE KING v. ABEYESEKERE.

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

Where the accused was charged on October 1, under section 440 of the Criminal Procedure Code, in respect of evidence given by him on April 26 and was convicted,-

Held, that the conviction was wrong, inasmuch as the District Judge had no power, after such a long interval, to put in force the summary provisions of section 440 of the Criminal Procedure Code.

APPEAL by the accused from a conviction under section 440 of the Criminal Procedure Code for giving false evidence.

A. St. V. Jayewardene, for the accused, appellant.

Walter Pereira, K. C., S. -G.. for the Crown.

October 28, 1909. Hutchinson C. J.-

This is an appeal against a fine imposed on the appellant under section 440 of the Criminal Procedure Code for giving false evidence. The appellant contends that it does not appear from the record that his evidence was in any way false; that he was asked a question about one Agoris, without being told which Agoris was meant; that there