[COURT OF CRIMINAL APPEAL]

1955 Present: Gratiaen J. (President), Pulle J. and Weerasooriya J.

K. DON GEERIS APPU, Appellant, and THE QUEEN, Respondent
APPEAL 13, WITH APPLICATION 19

S. C. 45-M. C. Polonnaruwa, 19,734

Trial before Supreme Court-Failure of prisoner to disclose his defence before trial-o Liability to be cross-examined on it--Summing-up--Misdirection-Criminal Procedure Code, s 160.

It is improper to cross-examine a prisoner in regard to his failure to disclose his defence before trial, in the course of the statutory statement made by him under section 160 of the Criminal Procedure Code.

In a trial for murder, the prisoner gave evidence stating that the offence was in fact committed in his presence by one of the witnesses for the prosecution. In spite of protest by his Counsel questions were permitted by Court to be put in cross-examination conveying to the Jury that the defence raised by the prisoner was false by reason of the fact that in his statutory statement he had merely said " I am not guilty " and had not stated that the deceased was stabbed by the witness for the prosecution.

Held, that the cross-examinat