Fernando, S.S. V. The Queen

[COURT OF CRIMINAL APPEAL]

1953 Present: Rose C.J. (President), Nagalingam S.P.J. and
K. D. de Silva J.

S. S. FERNANDO, Appellant, and THE QUEEN, Respondent

 APPEAL NO. 46, WITH APPLICATION NO. 82

S. C. 3-M. C. Panadure, 24,458
 

Evidence-Indictable offence-Statement made by a witness at non-summary inquiry- Evidentiary value of it at trial.

When a statement made by a witness at a non-summary inquiry is denied by him at the trial of the accused, it cannot be used as substantive evidence.

APPEAL, with application for leave to appeal, against a convictions in a trial before the Supreme Court.

A. C. Nadarajah, with H. L. de Silva, for the accused appellant.

Amanda Pereira, Crown Counsel, for the Attorney-General.

Cur. adv. vult

September 13, 1953. NAGALINGAM S.P.J.-

At the conclusion of the argument of this appeal we set aside the conviction and acquitted the accused and stated that we would give our reasons later. We now proceed to do so.

The prisoner was indicted on a charge of murder. The evidence relied upon by the prosecution was that of three witnesses each of whom was put forward as an eye-witness, but during the course

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