1939 Present: Abrahams C. J., Hearne and Keuneman JJ.

THE KING v. KIRIWASTHU et al.

38-P. C. Matale, 22,162.

Evidence-Confession to Police Officer-Inadmissible to prove that the accused contradicted himself-Criminal Procedure Code, s. 122 (3)-Evidence Ordinance, s. 25.

A confession made to a Police Officer is inadmissible as proof against the person making it whether as substantive evidence or in order to show that he has contradicted himself.

THE two accused were charged with having committed murder and with having caused evidence of the commission of the offence of murder to disappear and tried before a Judge and jury at the Midland Assizes. During the course of the trial the Counsel for the second accused wanted to elicit from the second accused in the course of his examination-in-chief portions of the statement made by him to a Police Sergeant under section 122 of the Criminal Procedure Code, 1898. The Counsel for the first accused suggested that the whole should be put to the second accused. When the statement was put to him, he admitted portions of it whilst he denied the rest. At the close of the defence the learned Jud