Van Cuylenberg V. Sellamuttu

1933 Present: Dalton S.P.J.

VAN CUYLENBERG v. SELLAMUTTU.

 571-P. C. Colombo, 42,514.

Refusal to answer questions put by Public Servant-Person questioned under section 122 (2) of the Criminal Procedure-Penal Code, s. 177.

 A refusal to answer questions put to a person under the provisions of section 122 of the Criminal Procedure Code may form the basis of a charge under section 177 of the Penal Code.

APPEAL from a conviction by the Police Magistrate of Colombo.

R. L. Pereira, K.C. (with him H. V. Perera and T. F. C. Roberts), for accused, appellant.

Illangakoon, S.-G. (with him M. F. S. Pulle, C.C.), for complainant, respondent.

April 12, 1933. DALTON S.P.J.-

The appellant, Nagendra Sellamuttu, was charged with committing an offence under section 177 of the Penal Code, namely, being a person legally bound under section 122 (2) of the Criminal Procedure Code to answer all questions relating to an offence, namely, an offence under section 298 of the Penal Code relating to the violent death of one W. Podisingho, put to him by the complainant F. A. van Cuylenberg, Inspector of Police, he did on July 15th, 1932, refuse to answer

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