1960 (11) TMI 2

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... coming on for hearing, upon perusing the petition, and the Judgments of the Lower Courts, and the record in the case, and upon hearing the arguments of Mrs. S. Mohankumaramangalam aad Mr. C. K. Venkatanarasimhan, Advocates for the petitioner in Cri. R. C. No. 1407 of 1959 and the Respondent in C. A. No. 217 of 1960 and of Mr. M. Narayanamurthy for the Public Prosecutor, the Appellant in C. A. No.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 2 were addressed to the brother of the petitioner, Ex. P. 7 to the petitioner and Exs. P. 3 to P. 6 to some other persons at the same address in Colombo, viz., No. 41; Baillie St., Colombo. Then prosecutions were launched against the petitioner and his brother (A. 2 in the lower court) whose case is not before me. 4. The prosecution has not proved in whose handwriting the addresses were writt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on the various envelopes. There is no doubt a very strong suspicion amounting almost to a moral certainty that it was this accused who sent these notes. But moral certainty cannot take the place of legal proof which in this case is lacking. There is no proof that the writing on the covers is that of the petitioner. There is no other circumstance connecting the petitioner even with the posting of t....