1941   Present :Keuneman. J

THIEDEMAN v. GEORGE.

521-M. C. Colombo, 22,003.

Personating-State Council election-Offence, a cognizable.' one under (State Council Elections) Order in Council-Penal Code, s. 169F.

Section 169F of the Penal Code is not repealed in regard to State Council Elections by section 51 of the (State Council Elections) Order in Council, 1931, as amended in 1934 and 1935, which makes personating a cognizable offence.

APPEAL from a conviction by the Magistrate of Colombo.

J. E. M. Obeyesekere (with him M. M. I. Kariapper), for accused, appellant.

H. W. R. Weerasuriya, C.C., for complainant, respondent.

Cur. adv. vult.

October 2, 1941. KEUNEMAN J;

The accused in this case was charged with applying at an election held under the Ceylon Order in Council, 1931 (State Council Elections) for a ballot paper in the name of another person, viz., registered voter No. 5092, Irasingham Karthigesar, and thereby committing the offence of personation under section 169F of the Penal Code (Chapter 15). The accused was convicted, and fined Rs. 100, and now appeals.

In appeal, the point has been emphasized that the alleged personation