1928 Present: Jayewardene A.J.

WICKREMESINGHE v. FERNANDO.

189-P. C. Colombo, 37,517.

Police Information Book-Reference by Magistrate-Credibility of witness-Criminal Procedure Code, s. 122 (3),

Where a Magistrate referred to the Police Information Book for the purpose of testing the credibility of a witness by comparing his evidence with a statement by him to the Police,-

Held, that the use of the Police Information Book was irregular.

APPEAL from a conviction by the Police Magistrate of Colombo.

Hayley, K.C. (with De Jong), for appellant.

June 8, 1928. Jayewardene A.J.-

The accused has been convicted of causing grievous hurt to one Simon Fernando and sentenced to one month's rigorous imprisonment.

After a witness, Siadoris Fernando, was examined for the prosecution, the learned Magistrate made the following record:-" I receive a strong impression that the witness is an adverse witness to the prosecution. I call for the Police record, and compare evidence given in Court with the witness's evidence given to the Police."

Counsel for the appellant contends that the Magistrate has made a wrong use of the Police Information Book,