Attorney-General V. Lingam Chettiar

1958 Present: Weerasooriya, J.

THE ATTORNEY-GENERAL, Applicant, and S. LINGAM
CHETTIAR, Respondent

S. C. 236-Application in Revision in M. C. Ratnapura, 65908

    Criminal procedure-Accused convicted per incuriam-Power of Magistrate to vacate conviction and sentence on same day-Power of Supreme Court to restore, in revision, the finding of conviction-Criminal Procedure Code, 8s.188 (1), 301 (1) (4), 357 (3).

The proviso to section 306 (4) "f the Criminal Procedure Code does not always enable a Magistrate who has convicted an accused person per incuriam to reverse the judgment on a consideration of matters that come to light before he adjourns for the day.

On June 17, 1958, the accused was convicted on his pleading guilty to the -charge framed against him. Later, in the course of the same day, it was pointed out to the Magistrate that the Emergency Regulation under which the accused Wag charged had been rescinded. Thereupon the Magistrate vacated the earlier order convicting the accused as having been made per incuriam, and discharged the accused. The plea of guilty had not been withdrawn by the accused at the time when

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