073-NLR-NLR-V-77-G.-TILLEKERATNE-Appelllant-and-INSPECTOR-OF-POLICE-PETTAH-Respondent.pdf
WIJBSUNDKRA, J.—TiUekeraino v. Inspector of Police, Pettah
911
1974Present: Wijesundera, J., and Tittawella, J.
TILLEKERATNE, Appellant, and INSPECTOR OF POLICE,PETTAH, Respondent
S. S. 617/73—M. C. Colombo», 68642/A
Penal Code (Cap. 19)—Section 451—Offence of loitering by reputedthief—Proof.
Where a person alleged to be a reputed thief is charged undersection 451 of the Penal Code for loitering, evidence of his previousconvictions for theft must be led by the prosecution before andnot after conviction. The mere statement of the complainant, in theabsence of any evidence of previous convictions, is insufficient toprove that the accused was a reputed thief.
Appeal from a judgment of the Magistrate’s Court,Colombo.
Accused-appellant absent and unrepresented.
Ranjan Mendis, State Attorney, for the Attorney-General.
March 13, 1974. Wijesundera, J.—
The accused-appellant was charged under section 451 of thePenal Code. To succeed in a charge of this nature the prosecutionhas to establish that the accused is a reputed thief and thathe was loitering in a public place with intent to commit theft.In support of the first matter that the accused is a well-knownthief, a constable who was on duty on the pavement on thatday has given evidence. The accused gave evidence, denied the
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Wijendm v. Assistant Commissioner of-Agrarian Services, Matale
charge and stated that he had borne a good character for thelast 10 years.
The learned Magistrate in his findings states that there weretwo previous convictions against the accused for theft, but thesewere brought .to,light only after the conviction in this case. Theprevious convictions had been entered more than ten years ago-
In the circumstances the mere statement of the Policeconstable, in the absence of any evidence of previousconvictions, is insufficient to prove that the accused was areputed thief. In fact the State Attorney so concedes. Therefore,we have no alternative but to set aside the conviction and acquitthe accused.
Tittawella, J.—I agree.
Appeal allowed.