Present: Maartensz A.J.

REX v. FERNANDO.

 3-D.C.(Crim.) Colombo, 7,402.

    Abetment-Causing a woman to miscarry-Act abetted physically impossible-Penal Code, ss. 102 and 303.

A person may be convicted of the abetment of an offence under section 303 of the Penal Code, viz., causing a woman to miscarry, even where there is no evidence that woman was pregnant, provided that the accused believed she was in that condition.

APPEAL by the 2nd accused from a conviction by the District- Judge of Colombo. The facts are fully set out in the judgment.

Soertsz (with him Tisseveerasinghe and Weerasinghe), for 2nd accused appellant.

Obeyesekere, CO., for Crown, respondent.

April 2, 1925. MAARTENSZ A. J.-

The two accused in this case were indicted on the following charges:-

(1) The 1st accused, Rose Millicent Fox, with voluntarily causing herself to miscarry, an offence punishable under section 303 of the Penal Code.

(2) The 2nd accused, B. H. Fernando, with aiding and abetting be commission of the aforesaid offence, which was committed in consequence of such abetment, thereby committing an offence punishable under sections 303 and 102 of the Penal