David Silva V. Kolonna Korale , D.R.O.

1955 Present : Fernando, J.

J. H. DAVID SILVA, Appellant, and D. R. O., KOLONNA
KORALE, Respondent

S. C. 716 of 1955-M. C. Rakwana, 46,051

Forest Ordinance-Section 20-Prosecution for unlawfully clearing Crown land- Quantum of evidence.

The appellant was charged with unlawfully clearing about two acres of Crown land described as " Lot 18 in Village Plan 758 ", in breach of section 20 of the Forest Ordinance and the rules framed thereunder. It appeared from the evidence that the two acres in question were surrounded on all sides by land not occupied by the Crown. The only evidence alleging that the land in question was Lot 18 and Crown Forest was the bare statement of the Village Headman. The Plan itself was not produced with technical evidence to show that the two acres in question constituted Lot 18 in the Plan.

Held, that the evidence was insufficient to establish that the land in question was Crown land.

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

Sir Lalita Rajapakse, Q.C., with S. H. Mohamed, for the accused-appellant.

Shiva Pasupati, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

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