1934   Present : Akbar J.

THE KING v. ATTYGALLE et al.

 6-P. C. Kandy, 44,762.

IN THE MATTER OF AN APPLICATION UNDER SECTION 355 OF THE
 CRIMINAL PROCEDURE CODE.

Evidence-Charge of performing an illegal operation-Statement by accused to Police Officer to the effect that he treated complainant for abortion- Exculpatory statement-No confession-Burden of proof-Direction to Jury-Evidence Ordinance, ss. 206 and 145.

Where the accused who was charged with having performed an illegal operation on a woman gave evidence on his behalf and was cross-examined by the Crown on a statement made by him to a Police Officer to the effect that he had treated her for threatened abortion and had advised her removal to hospital.

Held, that the statement was not a confession within the meaning of section 25 of the Evidence Ordinance, as it was exculpatory in its effect.

Held, further, that the statement was admissible to test the credibility of the accused under section 145 of the Evidence Ordinance.

Where the Judge directed the jury that if in opposition to the case based on circumstantial evidence for the Crown the accused's explanation, although the