Siyambalagastenna v. O.I.C. Crimes, Police Station, Kandy – sllr 1998 volume 1 page 078

In the case between Siyambalagastenna (Plaintiff) and the O.I.C. Crimes, Police Station, Kandy (Defendant), the court addressed whether the Magistrate had “altered” the charge within the meaning of section 167 of the Code of Criminal Procedure Act when convicting the appellant for a lesser sum than originally charged. The court held that no legal alteration of the charge had occurred since the essential elements and the penal section remained unchanged, despite the reduction of the quantum involved. The decision reaffirmed the principle that a conviction for a lesser sum, where all other aspects of the offence are consistent with the charge, does not violate section 167. Reliance was placed on statutory interpretation and existing procedural law, underscoring that such a conviction is lega