1926 Present: Maartensz A. J.

CROOS, v. SHAFI.

629-P. G. Tangalla, 17,906.

Using obscene language-Public place-Evidence of annoyance-Penal Code, s. 287.

In a prosecution for uttering obscene words in a public place there should be evidence that the language used caused annoyance to some person.

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

Soertsz (with Rajakariar), for accused, appellant.

October 20, 1926. MAARTENSZ A. J.-

The accused appeals from a conviction under Section 287 of the Penal Code for uttering certain obscene words in a public place, to wit, near the public road in front of the police station, to the annoyance of the public.

Two points were argued in support of the appeal: -

(a) That the words were uttered at the police station, which is not a public place; and

(b) That there is no evidence that anyone was in fact annoyed by the language used by the accused.

It is not clear from the plaint where the accused was when he uttered the obscene words. According to the evidence of the sergeant he was on the road running by the side of the police station which leads to the "upper