1922 Present: Bertram C.J.

ROWEL v. PERERA

385-P. C. Chilaw, 12,387

Criminal Procedure Code, s. 189-Time-limit on cross examination and remarks-Right of pleader for defence to comment on evidence led for prosecution.

A Magistrate has no power to impose a time-limit either on cross examination or on the remarks of pleaders.

A pleader for the defence, when opening his case, may not only expound the evidence he proposes to lead for the defence, bat may also comment on the evidence led for the prosecution.

H. J. C. Pereira, K.C. (with him Batuwantudawa and Croos-Da Brera), for appellant,

H. E, Garvin, for respondent.

August 24, 1922, BERTRAM C.J.-

I need not go into the facts of this case because it appears from the record that while the proctor for the defence was addressing the Court for the purpose of opening his case under section 189 of the Criminal Procedure Code, the learned Magistrate, doubtless

through inexperience, having observed that it was late, and that the proctor had already spoken for ten minutes, directed him to finish his remarks in one minute. The proctor, not unnaturally being aggrieved by this direction, informed the Co