[COURT OF CRIMINAL APPEAL]

1951 Present: Nagalingam S.P.J. (President), Gratiaen J. and Pulle J.

SEYADU, Appellant, and THE KING, Respondent

APPLICATION 108 OF 1951

S. C. 10-M. C. Mannar, 12,657

Confession-Meaning of term-Admissibility in cross-examination and in evidence in rebuttal-Severability of the non-confessional portion of a confession-o Evidence Ordinance, ss. 17 (2), 25, 145-Court of Criminal Appeal Ordinance, proviso to s. 5 (1).

Under section 25 of the Evidence Ordinance, a confession made to a police officer is inadmissible as proof against the person making it whether as substantive evidence or in order to show that he has contradicted himself. The circumstance that no objection was taken to the reception of such evidence at the time is immaterial.

An " admission " amounts to a " confession " within the meaning of section 17 (2) of the Evidence Ordinance if it purports to admit facts which are capable of being construed as establishing a prima facie case against the accused.

If an accused person, in describing a transaction to a police officer, makes certain statements which, though non-confessional, are inextricably interw