1930 Present: Garvin S.P.J.

GABRIEL v. SOYSA et al.

708-P. C. Negombo, 66,300

Appeal-Acquittal of accused by Magistrate after recording complainant evidence-Effect of order-Appeal by complainant-Sanction of ' Attorney-General.

Where, in a summary trial, the Magistrate, after hearing' the evidence of the complainant, discharged an accused on a legal objection raised on his behalf,-

Held, the order was tantamount to an acquittal under section 190 of the Criminal Procedure Code and that no appeal lay from the order without the sanction of the Attorney-General.

The Court is not bound to record the evidence offered by the defence before entering a verdict of acquittal under section 190. if the Court disbelieves the evidence for the prosecution or if that evidence fails to establish the charge against the accused.

APPEAL by the complainant from an order of acquittal entered by the Police Magistrate of Negombo.

E. V. R. Samarawickreme,  for complainant, appellant.

N, E. Weerasooriya (with L. A. Rajapakse), for accused respondents.

March 25, 1930. GARVIN S.P.J.-

A preliminary objection has been taken to this appeal on the ground that it is an