Present: Akbar J.

HENAYA v. BANDIYA.

878-P. C. Kandy, 26,502.

    Criminal trespass-Charge read out from summons-Intent not set out- Plaint specifying intent of accused.

Where, in a case of criminal trespass, the charge was read out from the summons, which did not specify the intent with which the accused entered the land,-

Held, that the conviction was irregular.

APPEAL from a conviction by the Police Magistrate of Kandy.

L. A. Rajapakse, for appellant. Navaratnam, for respondent.

January 17, 1929. AKBAR J.-

This is an appeal by the accused against a conviction for the offence of criminal trespass and sentence of a fine of Rs. 50. The counsel for the appellant raises an objection to the conviction which, I think, goes to the root of the whole case. It is clear from the authorities, namely, cases reported in 3 C. W. R. 42 and 3 C. W. R. 292, that a conviction on a charge of criminal trespass in which the intent with which the accused entered the land is not set out is defective. In this case the Police Magistrate, read out the charge from the summons, but the copy of the summons in the record is to the effect that the accused commit