Attorney General V. Baskaran

1959 Present : Basnayake, C. J.

ATTORNEY-GENERAL, Appellant, and BASKARAN, Respondent

S. C. 33-M. O. Point Pedro, 4801

    Criminal procedure-Charge-Duty of Magistrate to frame charge in a summary case-Joinder of charges-budget thereon of Interpretation Ordinance, 8. 9Oriminal Procedure Code, 88. 172, 187-Penal Code, 8. 409-Motor Transport Act, No. 48 of 1957,8.84 (2)-Motm' Traffic Act, No. 14 of 1951,8.226.

The obligation of framing the correct charge or charges in a Case summarily triable is one that rests on the Magistrate. Where, therefore, the Magistrate refuses to frame charges in the terms suggested by the prosecution, it is his -duty to frame the correct charge.

The rule laid down in section 9 of the Interpretation Ordinance, that when .an act or omission constitutes an often under two or more laws the offender is liable to be prosecuted under either or any of those laws but shall not be liable to be punished twice for the same offence, applies to offence's which -though punishable under different laws consist of the very same ingredients. It is designed to prevent a person being punished twice for the same offence. An

Click Here to Read the rest of this document