1916. Present: De Sampayo J.

GNANAPRAKASAM v. BULNER.

502-P. C. Gampola, 9,487.

Theft-Removal of coke from the Railway yard-Bona fide belief that it toot thrown away-Penal Code, s. 72.

Abandoned things cannot be the subject of theft. It is not necessary that the subject should, in fact, be a derelict; ft is sufficient if the person charged bona fide believed it to be so.

THE facts are fully set out in the judgment.

A. st. V. Jayewardene, for second accused, appellant.-It is clear from the finding of the Magistrate that the public believe that coke was thrown away by the Railway authorities. The appellant bona fide believed that coke was thrown away as entirely useless. Section 72 of the Penal Code enacts that no offence is committed by a person who by a mistake of fact believes himself to be justified by law in doing it. The accused did not get the coke removed " dishonestly ". Counsel sited 17 Cal. 853 and 8 All. 51.

Cur. adv. vult.

June 6, 1916. DE SAMPAYO J.-

The charge against the appellant came to be made in the following circumstances. A Moor boy, named Madar Lebbe, was detected in the act of removing some coal from the Rail