1914 Present: Pereira J.

THE KING v. MAJID.

10-D. C. (Crim.) Kalutara, 2, 667.

Hearsay evidence-Corroboration of direct evidence by meant of statements made by witness out of Court-Witness giving direct evidence should be first called.

Hearsay should not be elicited in the course of a trial in anticipation of corroborating a witness to be called later in the case. When it is sought to corroborate a witness in terms of section 157 of the Evidence Ordinance by means of an extra-judicial statement made by him, the witness should be called first, and the person to whom the statement was made called or (if he has given evidence already) recalled thereafter, and in no case should the order be reversed.

THE facts appear from the judgment.

Abdul Cader, for second accused, appellant.

De Saram, C. C., for respondent.

February 19, 1914. Pereira J. -

As against the appellant (the second accused) there is a mass of hearsay recorded in the case. The statements that I refer to should never have been elicited by the Crown Proctor, and should never have been recorded. Police Constable Nayar is allowed to say that Aron told him that the second acc