King V. Aron Appuhamy Et Al.,

[ ASSIZE COURT ]

1949 Present: Dias J.

THE KING v. ARON APPUHAMY et al.

S. C. 51-M. C. Negombo, 58,395.
 

Amendment of indictment-Adding name of new witness discovered after committal but before trial-Criminal Procedure Code (Cap. 16), sections 161,172.

The Magistrate committed the accused for trial without examining a material witness whose whereabouts could not be traced. After the indictment was signed, but before the trial, the missing witness was discovered. The Attorney-General gave notice both to the accused and their legal advisers that he intended to move the Court of trial to amend the indictment by adding the name of the new witness. The defence was also supplied with a précis of the evidence which the witness was expected to give.

Held, that in spite of the repeal of section 161 of the Criminal Procedure Code by Ordinance No. 13 of 1938, the Court of trial had a discretion to allow the indictment to be amended under section 172 of the Criminal Procedure Code and to allow such witness to be called, provided no prejudice was thereby caused to the accused.

As a rule, an amendment of a charge or indictment should be a

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