1937   Present : Hon. Mr. A. E. Keuneman, Commissioner of Assize.

THE KING v. GABRIEL et al.

 31-P. C. Avissawella, 12,421.

Statement to Police Officer-Statement challenged by defending Counsel- Correct version given by Police Officer-No contravention of section 122 (3) of the Criminal Procedure Code-Evidence Ordinance, s. 157.

Where a statement made to a Police Officer by a witness was challenged by the defending Counsel in cross-examination of the witness and the Police Officer in the course of his evidence gave a correct version of the statement, refreshing his memory by reference to the recorded statement,-

Held that the use of the statement was not a contravention of section 122 (3) of the Criminal Procedure Code.

Held further, that the statement, in the circumstances in which it was made, was a voluntary complaint made to the Police Officer and not a statement, under section 122 of the Criminal Procedure Code and was therefore admissible Under section 157 of the Evidence Ordinance.

Rex v. Pabilis (25 N. L. R. 424) referred to.

THIS was an application to state a case under section 355 (1) of the Criminal Procedure Code.

The