1938 Present: Keuneman J.

THE KING v. APPUHAMY.

P. C. Avissawella, 17,963.

Evidence-Signs made by a deaf and dumb person-Interpretation of signs by witnesses-Signs do not amount to oral testimony-Confession-Evidence Ordinance, s. 17.
 
The interpretation by a witness of the signs made by a deaf and dumb person is not admissible evidence.

Such signs do not amount to an oral. statement within the meaning of section 17 (1) of the Evidence Ordinance.

THIS was a reference to the Supreme Court by the Police Court of Avissawella, under section 288 of the Criminal Procedure Code.

D. W. Fernando, as amicus curiae.

Marshall Pulle, C. C., for Attorney-General

Cur. adv. vult.

September 18, 1938. KEUNEMAN J. -

This is a reference by the learned Magistrate under section 288 of the Criminal Procedure Code. The accused in the case was deaf and dumb from birth and is unable to read or write, and it has not been found possible to make him understand the nature of the proceedings or to find anyone who can interpret to him the evidence in the case. The accused was undefended. The charge is causing mischief by fire. The evidence so far as it goes appe