[IN THE COURT OF CRIMINAL APPEAL]

1963  Present : Basnayake, C. J . (President),
Weerasooriya, S. P. ., and H. N. G. Fernando, J.

THE QUEEN v. V. P. JULIS and two others

Appeals Nos. 253 to 255, with Applications Nos. 264 to 266 of 1961

S. C. 123-M. C. Gampaha, 51787 /A

    1. Evidence-Identification parade-Witness's former statement relating to identi­fication of accused-Admissibility at trial-" Authority legally competent to investigate the fact "-Evidence Ordinance, ss. 9, 155, 157.

 Under section 157 of the Evidence Ordinance a former statement made by a witness identifying an accused at an identification parade is relevant as corroboration of any evidence to the like effect given by the witness at the trial of the accused, provided that the statement was made before " an authority legally competent to investigate the fact " other than an officer investigating under Chapter XII of the Criminal Procedure Code.

A person who is delegated by a Magistrate to hold an identification parade is not " an authority legally competent to investigate the fact " within the meaning of section 157 of the Evidence Ordinance.

2. Evidence-False evid