1947 Present: Keuneman S.P.J. and Jayetileke J.

THE KING v. FOENANDER.

S. C. 78-D. C. (Crim.) Kegalla, 2,679.

Criminal breach of trust-Shortage of property entrusted to accused-Reasonable explanation-Evidence of dishonesty-Penal Code, s. 39S.

A number of parcels were entrusted at the Fort Station to the accused who was a Railway Guard to be delivered at Rambukkana. On delivery some parcels were found to be missing. The accused admitted receipt of the parcels but could not account for the shortage. His explanation was that someone had probably stolen them while he was attending to his work. There was evidence that two railway porters travelled in the van from Fort to Polgahawela.

Held, that there was no evidence of dishonesty on the pert of the accused and he could not be convicted of criminal breach of trust.

APPEAL against a conviction from the District Court, Kegalla.

E. F. N. Gratiaen, K.C. (with him G. E. Chitty), for the accused, appellant.

J. A, P. Cherubim, C, C, for the Attorney-General.

Cur, adv. vult.

July 11, 1947. JAYETILEKE J.-

The accused has been convicted on an indictment under section 392 of the Penal Code with having