1951 Present: Dias S.P.J. and Gunasekara J.

PONNUSAMY, Appellant, and. ALPHONSUS, Respondent

S. C. 212-M. C. Hatton, 17,180

Rural Courts Ordinance, No. 12 of 1945, ss. 10 (b), 11-Criminal trespass with intention to intimidate, insult or annoy-Right of Rural Court to try such offence-Penal Code, ss. 427, 433.

A Rural Court has no jurisdiction to try an offence of criminal trespass where the intent is to intimidate, insult or annoy.

APPEAL from a judgment of the Magistrate's Court, Hatton. This appeal was reserved for adjudication by a Bench of two Judges on a reference made by de Silva J.

M. M. Kumarakulasingham, with J. C. Thurairatnam, for the accused appellant.

H. V. Perera, E .C., with F. C. W. van Geyzel, for the complainant respondent.

Cur. adv. vult.

August 20, 1951. GUNASEKARA J.-

The appellant in this case was convicted by the Magistrate's Court of Hatton on a charge of criminal trespass, punishable under section 433 of the Penal Code, which alleged that the intent of the trespass was " to insult and/or intimidate" the complainant. The case comes before us for the decision of a question that has been reserved by de Silva J