[IN THE COURT OF CRIMINAL APPEAL]

1955 Present : Basnayake, A.C.J. (President), Pulle, J., and
Weerasooriya, J.

REGINA v. S. PINHAMY APPEAL NO. 102 OF 1955, WITH APPLICATION NO. 157

S. C. 16-M. C. Puttalam, 3,120

Evidence-Identification of a dead person by his skull-Medical witness-Expert only in medical matters--Evidence Ordinance, s. 45.

In a trial for murder the Judicial Medical Officer of Colombo expressed the opinion that the skull produced in the case was that of the deceased. He based his opinion entirely on the examination of a superimposition of an enlarged photograph of the head of the deceased on a photograph of his skull. There was, however, no evidence that the medical witness was an expert on identification by superimposition of photographs.

Held, that it was not established that identification of dead persons by superimposition of photographs was a science or art within the meaning of section 45 of the Evidence Ordinance. The mere reference to the medical witness as " Judicial Medical Officer, Colombo " was insufficient for the purpose of making his evidence relevant under section 45 of the Evidence Ordinance in regard to ma