[COURT OF CRIMINAL APPEAL]

1950 Present: Dias J. (President), Windham J. and Gunasekara J

S. PEDRICK SINGHO et al., Appellants, and THE KING,

Respondent

APPEALS 63-65 WITH APPLICATIONS 168-170 OF 1949

S. C. 33-M. C. Horana, 7,848

Court of Criminal Appeal-Perjury-Burden of proof-Measure of punishment- Depositions-Effect of irregularity in taking down depositions-Calling evidence after case for prosecution is closed-Criminal Procedure Code, ss. 299, 429, 439.

In a charge, under section 439 of the Criminal Procedure Code, for giving false evidence, the burden of proof is on the prosecution to establish beyond reasonable doubt (a) that the witness made the statements set out in the indictment in the Court of trial and in the Magistrate's Court, (b) that such statements were made on oath or affirmation, (c) that such statements were on " material points ", and (d) that either expressly or by necessary implication the statement made by the witness in the Court of trial contradicts that given before the Magistrate. It is not necessary for the prosecution to go further and either allege or prove which of the two statements is false. The