Present : De Sampayo J.

KANDIAH v. PODISINGHO.

822-P. C. Trincomalee, 3,026.

Retaining stolen property-Seasonable account given by accused-Burden of proof that the account is false is on prosecution.

" When a man, in whose possession stolen property is found, gives a reasonable account of how he came by it, as by telling the name of the person from whom he received it, and who is known to be a real person, it is incumbent on the prosecution to show that
account is false." .

THE facts appear from the judgment.

H. J. C. Pereira, K.C. (with him J. Joseph), for appellant

The accused has given a reasonable explanation as to how he came by the articles in question. In the face of that explanation, it is for the prosecution to prove that it was false. The prosecution has failed to do that. The accused has stated in evidence that the articles in question were deposited with him by one Appuhamy, and has produced his account books in proof of his statement. The learned Magistrate was wrong in holding that the accused had failed to prove that the articles were left with him as security for a debt.

Counsel cited Regina v. Crawthurst [1] and Pe