1918. Present: Bertram C.J.

PERERA v. MARTHELIS APPU.

892-P. C. Negombo, 33,281.

Recent possession of stolen property-Presumption of guilt-Authorities examined-Burden of proof-Penal Code, s. 894.

On the night of September 14, 61' coconuts were plucked from sixteen trees on an estate. Next morning 60 freshly plucked nuts were found in a small cadjan enclosure situated at a distance of three to eight fathoms from the house of the accused, which was situated a quarter of a mile from the estate. The enclosure was surrounded by cadjans, which could have been opened and entered by anybody. In the house itself were 600 other coconuts ready for sale. These 60 coconuts were hidden in a ditch and covered over with cassava sticks. The accused was charged with dishonestly retaining stolen property (Penal Code, section 894). The accused said that there were persons who were ill-disposed towards him, and that it was possible that these persons had put the nuts into his enclosure in order to get him into trouble.

Held, that the burden of proof of innocence had not been shifted on to the accused, and that in all the circumstances of the case the C