1925 Present: Jayewardene A.J.

SIRIWARDENE v. DIONIS.

16-P. C. Tangalla, 15,228.

    Receiving stolen property-Recent possession-Theft of cattle-Evidence Ordinance, s. 114.

Possession of cattle eight months after theft is not too long an interval to exclude the presumption of guilt arising under section 114 of the Evidence Ordinance.

" What is or is not recent possession depends largely on the nature of the stolen property."

The King v. Fernando1[1 (1905)2 Bal.46.] followed.

APPEAL from a conviction by the Police Magistrate of Tangalla. The facts appear from the judgment.

J. 8. Jayewardene, for accused, appellant.

February 2, 1925, JAYEWARDENE A.J.-

In this case it has been satisfactorily proved that the two she-buffaloes, the accused was charged with dishonestly retaining, were stolen from the complainant's possession in March, 1924, and that they were found in the possession of the accused in November of the same year, that is, eight months after the theft. There is no

direct proof that the accused had anything to do with the theft of the animals. His conviction is based on the presumption arising from the possession of the ani