Perera V. Inspector Of Police, Galagedera

1955 Present : Weerasooriya, J.

PERERA, Appellant, and INSPECTOR OF POLICE,
GALAGEDERA, Respondent

S. C. 954 of 1953-M. C. Kandy, 18,971

Evidence Ordinance-Section 24-Confession caused by inducement or threat-Burden of proof.

When the question whether a confession had been caused in the circumstances of any inducement, threat or promise referred to in Section 24 of the Evidence Ordinance arises, the Court would have to decide that question on the basis that the burden is on the prosecution to satisfy Court that it was not so caused.

If objection is taken to the admission of a confessional statement it is the duty o of the party who takes the objection to formulate the grounds of objection so that the Court may consider the grounds and adjudicate on them.

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

Colvin R. de Silva, with L. F. Ekanayake, for the accused-appellant.

N. T. D. Kanakaratne, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

January 24,, 1955; WEERASOORIYA, J.-

In this case learned counsel for the accused strenuously argued that the Magistrate had been under a misconception as regards

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