1945 Present: Wijeyewardene J.

SIVANATHAN,

Appellant, and INSPECTOR OF POLICE,
SLAVE ISLAND, Respondent.

1,027-M. C. Colombo, 6,186.

Evidence-Of unsavoury nature-No ground for rejection where it is necessary.

Indecency of evidence is no objection to its being received where it i" necessary to the decision of a case.

APPEAL against a conviction by the Magistrate of Colombo.

Accused-appellant in person.

E. L. W. de Zoysa, CC., for the Attorney-General.

Cur. adv. vult.

September 25, 1945. WIJEYEWARDENE J.-

The accused was convicted on a charge of cheating one Ramabadaran in respect of a sum of Rs. 490 and sentenced to one year's rigorous imprisonment and two year's Police supervision. The accused has a bad record. He was sentenced to receive a number of cuts on four occasions after 1940 and was sent to the Maggona Reformatory for two years in 1943. These facts do not, of course, relieve a Court from the duty of examining the evidence in a case against the accused and ascertaining whether the particular charge preferred against him in that case is proved.

In view of the somewhat peculiar features of this case, I have read ce