1954 Present: Gunasekara J.

JAMALDEEN, Appellant, and P. J. DE SILVA (S. I. Police),
Respondent

S. C. 1590-M. C. Colombo, 35,755/A

Criminal Procedure Code-Proviso to section 297-Scope of its applicability--Sections 151 (1), proviso 2, 151B, 407.

By Section 297 of the Criminal Procedure Code,

" Except as otherwise expressly provided all evidence taken at inquiries or trials under this Ordinance shall be taken in the presence of the accused or when his personal attendance is dispensed with in the presence of his pleader :

Provided that if the evidence of any witness shall have been taken in the absence of the accused whose attendance has not been dispensed with, such evidence shall be read over to the accused in the presence of such witness and the accused shall have a full opportunity allowed him of cross-examining such witness thereon. "

Held, that the proviso does not enable the prosecution to utilize as part of its case at a trial evidence taken in the accused's absence before he was charged.

APPEAL from a judgment of the Magistrate's Court, Colombo.

No appearance for the accused appellant.

V. S. A. Pullenayagam, Crown Coun