Goonewardene vs Kader – clr volume 2 page 149_1

In GOONEWARDENE v. KADER, the court examined allegations against a defendant accused of using criminal force to obstruct the execution of a writ by a fiscal’s officer acting on behalf of a creditor. The primary issue concerned whether the defendant’s physical act of pulling the officer constituted an offense under sections 88, 90, 92, 348, 343, and 843 of the Ceylon Penal Code. The holding established that actions undertaken by the defendant were not motivated by an intent to cause injury, fear, or annoyance, but were instead aimed at protecting property. The decision reaffirmed the principle that intent is a necessary element for criminal force under the cited Penal Code sections. The case underscored that mere technical assault, without criminal intent, is insufficient for conviction, im