Justin Fernando V. Inspector Of Police

1945 Present: Wijeyewardene J.

JUSTIN FERNANDO, Appellant, and INSPECTOR OF POLICE,
SLAVE ISLAND, Respondent.

57-M. C. Colombo, 41,784.

Evidence-Statement made by accused while in police custody-Statement leading to discovery of a fact-Must relate distinctly to the fact discovered- Confession-Elicited in cross-examination by accused-Admissibility- Evidence Ordinance, ss. 25 and 27.

The accused was convicted on a charge of theft of a Raleigh Popular bicycle from the premises of the City Dispensary.

The constable who was called as a witness by the prosecution, said in examination-in-chief that he was inquiring into a complaint of a theft of another bicycle (a Hercules bicycle) and the accused was detained as a suspect in connection with that theft. He said that in the course of that investigation the accused gave him some information in consequence of which he visited the house of a carter from whom he obtained parts P 1 and P 2 of a Raleigh Popular cycle. In cross-examination the constable was asked by the Proctor for the defence to read the statement made by the accused to him. The constable thereupon stated that the

Click Here to Read the rest of this document