Present: Bertram C.J.

ANANTHAM v. SAIADO.

67-P. C. Mannar, 9,633.

False evidence-Contradictory statements-Prosecution must allege which is false-Loose statements in immaterial introductory matters not to be made subject of charge.

When a witness is charged for giving false evidence, it is not competent to the prosecution to allege that the witness made two contradictory statements, one of which must be false. The prosecution must commit itself to one which it alleges to be false, and prove that it is false to the knowledge of the person making it.

" Loose statements in immaterial introductory matters, made in such a manner that it is obvious that the witness is not thinking what he is saying are not appropriate subjects for a charge of giving false evidence."

THE complaint in this case was as follows: -

Seemampillai Mudaliyar Anantham, Additional Police Magistrate, Mannar, complainant.

Vs.

Kader Mohideen Saiado of Jaffna, accused.

On this 8th day of January, 1920.

I do hereby complain that the accused above named did on or about the 30th day of December, 1919, at Mannar, being examined as a witness in Police Court, Mannar, case No.