May.29,1911   Present: Wood Renton J.

MANUEL v. KANAPANICKAN.

285-P. C. Batticaloa, 31,123.

Unsworn statements of witnesses made after their examination-Irregular admission of evidence--Irregularities in criminal trial-Criminal Procedure Code, s. 425, and Evidence Ordinance, s. 167.

Wood Renton J.-It is no doubt quite a common practice in criminal courts to recall witnesses to give further evidence on their original oath or affirmation. But it would be most unsafe to regard an original oath or affirmation as investing with the qualities of sworn evidence every desultory remark that may be openly made in Court by a complainant, already examined, while another witness is under examination.

Irregularities in criminal proceedings constitute no ground for the reversal or alteration of sentences on appeal, unless there has been a failure of justice.

" We have no power, even if we had the will, to ignore either the letter or the spirit of the provisions of section 425 of the Criminal Procedure Code and section 1G7 of the Evidence Ordinance."

THE facts are fully set out in the judgment.

Elliott, for the accused, appellant.

No appearance for the