Present: Akbar J.

KING v. THOMAS APPU.

47-D. C. (Crim.) Colombo, 9,041.

    Receiving stolen property-"Reasonable explanation by accused-Guilty knowledge-Burden of proof-Penal Code., s. 394.

Where, in a charge of receiving stolen property, the Court draws a presumption of guilty knowledge and the accused gives an explanation, which appears to be reasonable, the prosecution, if it is to succeed, is bound to prove from other facts, whether in conjunction with the accused's explanation or not, either that the accused had guilty knowledge or that the explanation is false.



APPEAL from a conviction by the District Judge of Colombo. The facts appear from the judgment.

L. A. Rajapakse, for accused, appellant.

J. W. R. Ilangakoon, C.C., for respondent.

July 9,1929. AKBAR J.-

This appeal is from a conviction on a charge of receiving stolen property, namely, a magneto and a battery, knowing them to be stolen property, and a sentence of 9 months' rigorous imprisonment passed on the accused.

The magneto and battery belonged to one Mr. Pestonjee, and he stated that the battery was numbered 72505 and the magneto F. U. 4. These numbers were giv