[COURT OF CRIMINAL APPEAL]

1944 Present: Keuneman, de Kretser and Wijeyewardene JJ.

THE KING v. MARTIN.

99-M. C. Avissawella, 85,184.

Sentence-Leave to appeal-Conviction for rape-Sentence of whipping-Sentence substituted for original sentence--Court of Criminal Appeal Ordinance, No. 28 of X938, s. 4 (c).

Where the accused who was convicted at the Assizes of robbery and rape was sentenced to ' five years' rigorous imprisonment in - addition to 10 lashes, and where as the sentence of whipping could not be carried out an additional sentence of imprisonment was imposed by the trial Judge acting under section 818 (1) of the Criminal Procedure Code,-

Held, that the accused could not be granted leave to appeal against the sentence passed in substitution for the original sentence.

THIS was an application for leave to appeal against a sentence.

No appearance for applicant.

E. H. T. Gunasekera, C.C., for the Crown.

Cur. adv. vult.

June 26, 1944. KEUNEMAN J.-

This is an application for leave to appeal against sentence made to the Court of Criminal Appeal under unusual circumstances. On September 7, 1943, the prisoner was found guilty at the Assizes