King V. Fernando, H.R.S. Et Al.,

[Court of Criminal Appeal]

1947 Present: HOWARD C. J. (President), Jayetileke and Dias JJ.

THE KING v. H. R. S. FERNANDO, et al.

Appeals Nos. 34-35, with Applications 82-83.

S.C. 81- M. C. Avissawella, 35, 325.

Burden of proof -Prima facie case established by prosecution- Explanation offered by accused- Proper direction to jury as to burden of proof.

Where a prima facie case is made out by the prosection and the accused by his defence offers an explanation the jury should be directed that the burden of proof that the offence charged has been committed still on the prosecution and that if upon a review of the evidence on both sides they are in doubt they ought to acquit. It is a misdirection to tell them that because the evidence for the prosecution established a prima facie case, the burden of proof is shifted to the accused.

APPEALS with applications for leave to appeal, against two convictions in a trial before a judge and jury.

H. Wanigatunga (with him C .C . Rasaratnam and J. Pathirana), for the 1st accused appellant.

M. M. Kumarakulasingham (with him K. Sivasubramaniam and M. E. Dharmawardene) for the 3rd accused 2nd

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