1936 Present : Koch J.

DE SILVA v. VAAS.

36-P. C. Gampaha, 37,222.

Offering a gratification to screen on offender-Essentials of charge-Accused charged with offence-Conviction for abetment of different offence-Penal Code, s. 211.

Where an accused is charged under section 211 of the Penal Code with offering a gratification to a person for screening another from legal punishment, it must be proved that an offence has been committed by the person to screen whom the gratification was offered.

An accused person cannot be convicted of the abetment of an offence different from the offence with which he is charged with abetting.

Notley v. Antonis (22 N. L. R. 335) followed; King v. Amith (31 N. L. R. 457) referred to.

APPEAL from a conviction by the Police Magistrate of Gampaha.

H. E. Garvin, for accused, appellant.

Jayawickrama, C.C., for Crown.

March 18, 1936. KOCH J.-

The appellant in this case has been charged under section 211 of the Ceylon Penal Code with giving or offering a gratification to Dr. M. W. M. de Silva. Medical Officer of Gampaha, in consideration of Dr. Silva's not proceeding against the proprietor of Wijeygiri Hotel for t