Vaikunthavasan V. The Queen

1954 Present: Gratiaen J. and Gunasekara J.

K. VAIKUNTHAVASAN, Appellant, and THE QUEEN, Respondent

S. C. 63, with Application 422-D. C.
 (Criminal) Colombo N. 1698/28641

Defamation-Charge of criminal defamation-Burden of proof-Newspapers Ordinance, s. 7-Penal Code, s. 479.

In a prosecution for criminal defamation as defined by section 479 of the Penal Code, the burden is on the Crown to establish inter alia :

(1) that the accused made or published the particular imputation complained of;

(2) that he did so with the requisite intention or knowledge.

APPEAL from a judgment of the District Court, Colombo.

S. Nadesan, with Izzadeen Mohamed, for the accused-appellant.

H. A. Wijemanne, Crown Counsel, with J. G. T. Weeraratne, Crown Counsel, for the Crown.

Cur. adv. vult.

February 2, 1954. GRATIAEN J.-

This is an appeal against a conviction for defamation. The appellant, who was the printer and publisher of a weekly newspaper entitled the "People's Voice", was indicted before the District Court of Colombo with having defamed Mr. Allen Smith, the Auditor-General of Ceylon, by publishing in Colombo in an issue of the "People's Voice"

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