[COURT OF CRIMINAL APPEAL.]
1946 Present: Cannon J. (President), Jayetileke and Canekeratne JJ.

THE KING v. KARTHIGESU.

14-M. C. Chavakachcheri, 22,852.

Evidence-First information to Police-Must not be based on hearsay- Informant must be called as witness-Evidence Ordinance, s. 157-Criminal Procedure Code, s. 121-Court of Criminal Appeal Ordinance, proviso to s. 5 (1).

The rule for the admissibility, under section 157 of the Evidence Ordinance, of first informations given under section 121 of the Criminal Procedure Code may be said to be this : first of all, the information must not be based on hearsay, unless the hearsay matter is relevant to explain conduct; secondly, the informant must be called as a witness, unless the evidence is tendered under section 32 of the Evidence Ordinance.

The proviso to section 5(1) of the Court of Criminal Appeal Ordinance, that the Court of Criminal Appeal may dismiss an appeal if they consider that no substantial miscarriage of justice has actually occurred, assumes a case where a reasonable jury, after being properly directed, would, on the evidence properly admissible, without doubt, convict.

APPEAL