1942 Present: Howard C.J,

ROBINS v. GROGAN.

90-M. C. Matale, 9,179.

Document-Letter written in bleach of Defence Regulations-Proof of handwriting-Re-trial-Evidence Ordinance, s. 67.

A document cannot be used in evidence, unless its genuineness has been either admitted or established by proof, which should be given before the document is accepted by Court.

A new trial should not be ordered to enable the prosecution to fill up gaps in the evidence or when the prosecution by its own negligence failed to produce evidence, which it was bound to do.

APPEAL from a conviction by the Magistrate of Matale.

R. L. Pereira, K.C. (with him R. G. C. Pereira), for the accused, appellant.

H. W. R. Weerasooriya, C.C., for the complainant, respondent.

Cur. adv. vult.

March 25, 1942 HOWARD C.J.

The appellant was convicted by the Magistrate, Matale, for recording and communicating by letter to another person information, being or purporting to be information with respect to the number, description disposition and movement of Forces in breach of section 14 (2) of the Defence (Miscellaneous) Regulations published in Government Gazette No. 8,533 of October