JAYEWARDENE A.J.-

In this case the Solicitor-General appeals against the acquittal of the accused who was charged with an offence under section 180 of the Penal Code. The charge against the accused was that he had falsely complained to the officer in charge of the Avissawella Police Station that one Babbi had caused hurt to him with a knife. This was a cognizable offence. The police investigated the complaint under chapter XII. of the Criminal Procedure Code and found the charge to be false, and so reported to Court. The case was numbered 5,363, but the accused took no steps to prosecute his complaint against Babbi. The police now charge him with having given false information to a public servant, viz., the officer in

charge of the Avissawella Police Station, that he was cut with a knife by Babbi, an offence punishable under section 180 of the Ceylon Penal Code. After the case for the prosecution was closed the accused was acquitted, the learned Magistrate upholding the contention for the accused that the charge against him ought to have been under section 208, and not under section 180. In his judgment the learned Magistrate says-

" In my opinion, where false information has been giv