[Crown Case reserved.]

Present: Lascelles C.J. and Pereira and Ennis JJ.

KING v. KALU BANDA.

11-P. C. Kegalla, 16,189.

 [Second Criminal Sessions, Midland Circuit, 1912.]

Confession-Plea of self-defence-Evidence of police officer that accused did not in his statement to him set up plea of self-defence-Evidence Ordinance, s. 25.

The accused, who was charged with having caused grievous hurt to one Balahamy, set up the defence that he was acting in self-defence.

The prosecution proved that the accused had made a certain statement to a police officer, and that in that statement he had not charged Balahamy with having attacked or threatened to attack him.

Held, that this evidence of the police officer was not admissible. The police officer was allowed to give evidence of what was in substance a confession by the accused.

" If police officers are allowed to go into the box and say, 'The accused, soon after the crime, made a statement to me, but in that statement he said not one word of the defence he set up before the Magistrate,' the object of the Legislature will be to some extent frustrated."

THE facts are set out in the judgment of the Chie