Perera vs Silva – clr volume 1 page 057

In Perera v. Silva and others, involving the 4th defendant appellant, the court addressed whether permitting a single lottery event on private premises constitutes “keeping a place” for lottery purposes under section 288 of the Ceylon Penal Code. It was held that an isolated instance of a lottery does not satisfy the statutory threshold for “keeping” a place for such events, and the conviction based on insufficient evidence was overturned. The principle reaffirmed is that only premises maintained or habitually used for lotteries fall within the ambit of section 288, guided by statutory interpretation and established standards of evidence. The decision underscores that the proportionality of punishment must align with the gravity and context of the offense.

Burnside C.J. — Upon review of