[ASSIZE COURT]

1953 Present   :   Gratiaen J.

THE QUEEN v. M. SATHASIVAM

S. C. No. 1, Western Circuit-M. C. Colombo South, 38,682

Criminal Procedure Code-Section 233-Meaning of words " all statements "-Not limited to unsworn statements-Sections 160, 161 (1).

By section 233 of the Criminal Procedure Code, " All statements of the accused recorded in the course of the inquiry in the Magistrate's Court shall be put in and read in evidence before the close of the case for the prosecution ".

Held, that the words " all statements " cover not only the prisoner's statutory unsworn statements made in terms of section 160 of the Criminal Procedure Code, but also the whole of the sworn testimony which he gave at the inquiry by virtue of the provisions of section 161. It is not open to the prosecution to read in evidence merely selected extracts from the deposition of the accused.

RULING on the admissibility of certain evidence tendered by the Crown in a trial before the Supreme Court.

T. S. Fernando, Acting Solicitor-General, with Douglas Jansze, Ananda Pereira and Vincent Thamotheram, Crown Counsel, for the Crown.

Colvin R. de Silva, wit