1965 Present  : T. S. Fernando, Sri Skanda Rajah and G. P. A. Silva, JJ.

L. I. C. DE SILVA, Appellant, and V. M. P. JAYATILLAKE
(

Inspector of Police), Respondent

S. C. 746 of 1961 - J. M. C. Colombo, 21053

Criminal procedure-Summary trial-Stages at which the accused person may be convicted or acquitted or discharged- " Acquittal "Plea of autrefois acquit- Criminal Procedure Code, ss.190.191,194,195, 290, 330.

On 25th January 1960, which was the date fixed for the retrial of a summary case, a material witness for the prosecution was absent, and the Magistrate directed that the " case be called " on 9th February 1960. On the latter data the Magistrate made order discharging the accused when he was informed by the complainant that the witness would not be available for another year for his evidence to be taken. On 19th February 1961 the same complainant instituted the present case against the same accused for the same offence.

Held, that the accused was not entitled to raise the plea of autrefois acquit.

The earliest stage at which a Magistrate can convict an accused in a summary trial is after he has taken the evidence f