Katchimohamadu, S. V. Mooyan, P.K.

1952 Present: Nagalingam A.C.J.

S. KATCHIMOHAMADU, Appellant, and
P. K. MOOYAN (S. I. Police), Respondent

S. C. 1,309-31. C. Batticaloa, 13,048

Penal Code, s. 394-Receiving stolen property-Several articles in accused's possession -Different owners-Presumption of one offence only-Autrefois acquit- Criminal Procedure Code, s. 330.

Where a person, who is found in possession of several articles belonging to different owners, is tried and acquitted of the offence of receiving stolen property in respect of some of the articles, he cannot be prosecuted again for the same offence in respect of any of the remaining articles. In that event, he is entitled to take the plea of autrefois acquit unless there is evidence to show that the articles were received by him on different occasions or that he came into possession of them at different times.

APPEAL from a judgment of the Magistrate's Court, Batticaloa.

M. A. M. Hussein, for the accused appellant.

Cecil Gunawardene, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

May 15,1952. NAGALINGAM A.C.J.-

A plea of autrefois acquit is taken on this appeal on behalf of the appella

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