1930  Present: Garvin S.P.J.

KING v. AMITH.

12-D. C. (Grim.) Kandy, 4,286.

Aiding and abetting offence-Charge of theft-Failure of charge against principal offender-May the abettor be convicted of retaining stolen property-Power of Court to frame charge under section 172 of the Criminal Procedure Code.

An accused person who is charged with abetting another in the commission of theft cannot be convicted, as a principal offender, of the offence of retaining stolen property.

APPEAL from an acquittal from the District Court of Kandy. The first accused was charged with theft of tea from the possession of his employer under section 370 of the Penal Code. The second and third accused were charged with having abetted the first accused in the commission of the theft. The learned District Judge acquitted all the three accused. The appeal was against the acquittal of the third accused.

The grounds of appeal were that the District Judge should have, in pursuance of section 182 of the Civil Procedure Code, convicted the third accused of retaining stolen property, or

alternatively, that he should have framed a fresh charge against King tv the accused, in