1962 Present: Basnayake, C.J., and Abeyesundere, J.

RAMACHANDRAN, Appellant, and THE QUEEN, Respondent

S. C. 114/61-D. C. (Crim.) Colombo, 2038/18553

(i) Trial before District Court-Indictment-Withdrawal of a charge or charges therein not permissible-Criminal Procedure Code, ss. 202, 217 (1), 217 (3), 393.

(ii) Criminal law-Offences where knowledge is an ingredient-Burden of proof- Forgery-Fabricating false evidence-Penal Code, ss. 190, 196, 403, 455, 459, 490.

          (i) In a criminal trial before a District Court there is no provision in Chapter 19 of the Criminal Procedure Code for the withdrawal of a charge or charges from the indictment.

    Two accused were jointly indicted in a District Court on certain charges. Before the indictment was read and explained to the accused, Crown Counsel stated that the evidence against the 2nd accused did not justify the prosecution proceeding against him any further. The District Judge thereupon made the following order :-" I acquit and discharge the 2nd accused ". Thereafter the trial proceeded against the 1st accused on amended charges.

   Held, that the application not to proceed against the 2nd accused was not warranted by the provisions of section 202 of the Criminal Procedure Code. Section 202 only enables the prosecuting Counsel to withdraw the indictment as a whole.

      (ii) The accused was charged under sections 455, 459, 190, 196, 403 and 490 of the Penal Code for using as genuine a forged Citizenship Certificate and for using that certificate for the purpose of obtaining a Passport.

  Held, that knowledge was an essential ingredient of the charges against the accused and that the burden was on the prosecution to establish it.

    APPEAL from a judgment of the District Court, Colombo.

                       S. Kanagaratnam, for Accused-Appellant.
       
                      E. H. C. Jayetileke, Crown Counsel, for Attorney-General.

June 14, 1962. BASNAYAKE, C. J. -

       The accused-appellant who was charged in these proceedings as the 1st accused along with another who was referred to as the 2nd accused was indicted on the following charges :-

     " 1. That you did between the 19th November 1959 and the 24th December 1959 at Colombo in the division of Colombo within the jurisdiction of this Court agree to commit or abet or act together with a common purpose for or in committing an offence, to wit, using as genuine a forged document, to wit, Ceylon Citizenship Certificate bearing No. 24635 and dated 24th November 1955 purporting to be a certificate issued under the provisions of section 16 (1) (6) of the Indian

and Pakistani Residents (Citizenship) Act No. 3 of 1949 which document you knew or had reason to believe to be a forged document and that you are thereby guilty of the offence of conspiracy to commit the said offence which said offence was committed in consequence of such conspiracy and that you have thereby committed an offence punishable under section 459 read with sections 455, 113s and 102 of the said Code.

        "2. That at the time and place aforesaid and in the course of the same transaction you the 1st accused above named did fraudulently use as genuine a forged document purporting to be a certificate made by a public servant in his official capacity under the provisions of section 16 (1) (b) of the Indian and Pakistani Residents (Citizenship) Act No. 3 of 1949, to wit, Ceylon Citizenship Certificate bearing No. 24635 and dated 24th November 1955, which you knew or had reason to believe to be a forged document and that you have thereby committed an offence punishable under section 459 read with section 455 of the Penal Code.

       "3. That at the time and place aforesaid and in the course of the same transaction you the 2nd accused above named did abet the commission of the offence set out in count 2 above which said offence was committed in consequence of such