1926 Present: Schneider A. C. J.

THE KING v. PONNASAMYPILLAI

69-D. C'. (Crim.) Trincomalee, 204.

False statement in an affidavit-Charge under sections196 and 190 of the Penal Code-[Imperfect Jurat-Parol evidence-Sections 43744O of the Civil Procedure Code.

Where a person was charged with having made a false statement in an affidavit submitted by him in a civil suit, and then was no indication that the affidavit had been read over and explained to him,-

Held, that parol evidence was inadmissible to supply the omission in that Jurat.

Empress v. Moyadeb Gossami 1 followed.

APPEAL from a conviction. The accused was indicted under sections 196 and 190 of the Penal Code with having made a fake statement in an affidavit submitted by him in a civil suit. There was no indication in the Jurat that the affidavit bad been read and explained to the declarant, who was ignorant of the English language. At the trial parol evidence was led to supply this omission, and the accused was found guilty of the charge laid against him.

Drieberg, K .C. (with him J. S. Jayewardene). for the appellant. Navaratnam, for the Crown, respondent.

October 8, 1926. SCHN