1938   Present : Abrahams C.J.

HANIFFA v. SALIM.

 711-P. C. Galle, 15,513.

Cheating-Jewellery entrusted to accused to be pawned-Redemption of jewellery by accused by false declaration-Nature of the offence-Penal Code, s. 398,

The accused was entrusted with some jewellery by H to be pawned. He pawned the jewellery and delivered the pawn ticket to H. after endorsing it. The accused thereafter represented to the pawn broker that he had lost the pawn ticket, made the requisite statutory declaration, under the Pawn Brokers' Ordinance, and redeemed the jewellery.

Held, that the accused had committed the offence of cheating under section 398 of the Penal Code.

Theft is the taking dishonestly of movable property out of the possession of any person without that person's consent and the fact that that consent is obtained by means of a deception does not render it any the less a consent within the meaning of that definition.

Eliyatamby v. Kadiravel (37 N. L. R. 16) and Silva v. Kangany (10 C. L. R. 32) not followed.

APPEAL from a conviction by the Police Magistrate of Galle. L. A. Rajapakse, for accused, appellant.

Colvin R. de Silva (with him B