Case No.:

AC-CR .RE V.294.1960

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

·  Criminal Law—Penal Code. s. 175-False statement made in declaration—Unsworn written witness statement to the police not “receivable as evidence”

An unsworn statement made in writing to the police before witnesses is not receivable as evidence within the meaning of Penal Code. s. 175 therefore the making of a false statement in such a writing does not constitute a crime under this section.

Judgment

)CRIMINAL REVISION(

SUDAN GOVERNMENT v. TAWFIK PHILLOPOS OBEID

AC-CR .RE V.294.1960

Advocate: Henry Riad Sikla ... for the accused

Facts:—On September 5, 1960, the police found the accused, an Egyptian, in the Sudan without permission. Accused was asked to come to the office of the Ministry of the Interior. On September 14, 1960, accused came to the office and met the police officer who had ordered his presence. Before witnesses the police officer asked him whether he had permission to be in the country. Before these witnesses accused made a statement on which he made his thumd print in ink to the effect that he had been convicted by the police magistrate in Omdurman on September 8, 1960, under Passports and Permits Ordinance, ss. 6 and 30, and fined £S.2. The police discovered later from Magistrate El Amin Mohamed El Amin Tatai that the accused had been convicted on September 8, 1960, under Penal Code, s. 277, for voluntarily causing hurt without provocation and not under Passports and Permits Ordinance, . 6 and 30.

M. A. Hassib J. December 12, 1960:—I have quashed finding and sentence. Penal Code. s. 175, is not applicable. This section deals with declarations receivable as evidence only, i.e., the declaration must be admissible in evidence.

Declarations or verified statements are of two kinds, viz.:

1. Declarations which a person is bound by law to make, such as verifications of pleadings under Civil Justice Ordinance.

. 2Declarations which a person makes for the purpose of being as evidence such as affidavits.

Of these the second kind alone can .be used as evidence. Other examples could be found in Statutory Certificates.

Accused therefore be set at 1ibe forthwith.