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KING v. CAROLIS


King V. Carolis

1927 Present : Drieberg A. J.

THE KING
v. CAROLIS.

4-D. C. (Crim.) Negombo, 3,789.

False charge-Complaint of a non recognizable offence to the Police- Meaning of words-Penal Code, . 208.

A person who makes a false complaint of a non-cognizable offence to the Police may be said to charge another falsely within the meaning of section 318 of the Penal Code.

The words " falsely charge " must be understood in the ordinary meaning of a false accusation made lo any authority, bound by law to investigate or to take any steps in regard to it, such as giving information of it to superior authorities with a view to investigation.

APPEAL from a conviction by the District Judge of Negombo. The appellant, a Police Headman, was convicted under section 208 of the Penal Code with having falsely, and with intent to injure, charged a woman called Karonona, with having caused a miscarriage. It was contended that the evidence, even if accepted, did not justify a conviction under section 208, as the appellant in sending up a written report to the Police was acting under section 22 of the Criminal Procedure Code, and, further as the offence alleged against the w

































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