1947 Present: Dias J.

WIJERATNE Appellant, and EKANAYAKE, Respondent.

S C 1770-M C Kandy, 20,680

Evidence-Summary trial-Denial by accused of previous statement to police- Evidence Ordinance, s 355 (c) No evidence in rebuttal-Effect of such failure.

In a summary trial in the Magistrate's Court, the prosecuting officer in order to discredit the accused cross-examined him in regard to a statement by him recorded in the information Book which was inconsistent with his defence. The accused denied the statement which was not thereafter proved in rebuttal.

Held, that no prejudice was cause to the accused it the Magistrate addressed his mind to the warning that such statement should be disregarded in assessing the credit to be attached to the evidence of the accused.

Quaere, whether evidence in rebuttal can in no circumstances be led in a summary trial.

Welipenna Police v. Pinessa (1944) 45 N. L. R. 155 referred to.

APPEAL against a conviction from the Magistrate's Court, Kandy.

R. L. Pereira, K.C. (with him Mackenzie Pereira), for the accused, appellant,

Boyd Jayasuriya, C. C, for the Attorney-General.

Cur. adv. vult.

July 1, 1947. DIAS