1952 Present : Gunasekara J.

RANHAMY, Appellant, and JAYAWARDENA (Police Sergeant),
Respondent

S. C. 1,337-M. C. Hatton, 17,674

Criminal Procedure Code-Section 122 (1) and (3)-Statement to police-Admissibility in evidence-Signature of witness taken-Irregularity-Evidence Ordinance, s. 157.

Section 122 (1) of the Criminal Procedure Code provides that any police officer investigating an offence " may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined, but no oath or affirmation shall be administered to any such person, nor shall the statement be signed by such person". The purpose of the express prohibition in regard to taking the signature of a witness is that, otherwise, the witness would have a strong motive for standing by the statement imputed to him in the police records irrespective of the accuracy of the statement that he actually made or of the police officer's note of it.

Although a statement made by a witness to a police officer in the course of an inquiry under section 122 (1) of the Criminal Procedure Cod