[COURT OF CRIMINAL APPEAL.]

1946 Present: Keuneman S.P.J. (President), Jayetileke and Dias JJ

THE KING v. DON SAMEL.

Application 169 of 1946.

S.C. 3-M. C. Matara, 56,551.

Evidence-Statement of witness to police officer in course of investigation-Written statement alone, and not oral evidence of it, admissible-Only to contradict witness-Divisibility of the statement into two parts-Relevant portion alone admissible-Criminal Procedure Code, s. 122 (3)-Evidence Ordinance, s. 91.

Where a statement made by a witness to the Police under section 122 (3) of the criminal Procedure Code is put to the witness at the trial of the accused-

Held, (i) that, by reason of section 91 of the Evidence Ordinance, the written statement should be proved. The admission by the witness that he made the statement cannot be regarded as anything more than oral evidence of the statement and does not amount to proof of the written statement which alone is admissible.

      (ii) that the statement is admissible only to contradict the witness and not to give support to his testimony:

     (iii) that, where the statement is divisible into two parts, one of which is rele