1935 Present : Koch A.J.

ROOSEMALACOCQ v. SALLY.

227-P. C. Colombo, 28,570.

Plea of guilt-Failure to record verdict-Application to withdraw appeal-Refusal of permission-Subsequent verdict of guilt-Irregularity- Criminal Procedure Code, s. 188 (1).

On a plea of guilt being tendered by an accused, the Magistrate did not record a verdict of guilty, but remanded the accused for identification. On the next date the accused asked that the evidence of a witness be recorded. When this request was complied with, the accused withdrew his plea of guilt and pleaded not guilty.

The Magistrate refused the application to withdraw the plea of guilt and convicted the accused.

Held, that it was the duty of the Magistrate on the plea of guilt being tendered to record a verdict of guilty and pass sentence; and that, in the circumstances, the subsequent verdict could not stand.

APPEAL from a conviction by the Police Magistrate of Colombo.

L. A. Rajapakse, for accused, appellant.

Cur. adv. vult.

July 8, 1935. KOCH A.J.-

The appellant was charged under section 369 of the Ceylon Penal Code with the theft of cash Rs. 25 and a silver pendant and necklace.