Perera vs Sadirappu – clr volume 3 page 002

In Perera v. Sadirappu, the court considered whether defendants accused of keeping a common gaming house and engaging in gaming had violated Ordinance No. 17 of 1889, which criminalizes only gaming for a stake. The facts established that the accused were observed throwing dice in a room without evidence of a monetary wager. The decision highlighted that, unlike prior ordinances, the relevant statute required proof of gaming for stakes. It was held that the absence of a wager precluded conviction under the ordinance. The acquittal was ordered, reaffirming the principle that gaming without stakes is not unlawful. The judgment relied on Russell on Crimes and historical analysis of the evolution of gaming laws, underscoring the statutory interpretation that only gaming for stakes is punishable