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HERATH v. RAJAPAKSE


Herath V. Rajapakse

1932 Present : Jayewardene A.J.

HERATH v. RAJAPAKSE.

239-P, C. Panadure, 13,041.

Public servant-Threat of injury-Must be calculated to deter from duty- Penal Code, s. 186.

A threat of injury to a public servant within the meaning of section 186 of the Penal Code must be of coming injury such as is likely to operate on the mind to cause the public servant to do, or forbear or delay doing an act connected with the exercise of his public functions.

APPEAL from a conviction by the Police Magistrate of Panadure.

H. V. Perera (with him M. T. de S. Ameresekere), for accused-appellant.

July 5, 1932. JAYEWARDENE A.J.-

The accused, who is a resident of Katunayaka near Negombo, on February 1, 1932, had gone on a visit, probably of inspection, to his estate at Ambalangoda, about 83 miles away. On his way to the estate he was held up at about 8 A.M. by the Kalutara Police near the Kalutara bridge and asked for his new licence for the year 1932. He had only his old licence and was charged with failing to renew his licence for 1932, in the Kalutara Police Court, but has been discharged. On his return journey at about 2 P.M., he was stopped at Wad















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