034-NLR-NLR-V-45-WELIPENNA-POLICE-v.-PINESSA.pdf
Welipenna Police v. Pinessa.
U5
1948Present: Moseley S.P.J.WELIPENNA POLICE v. PINESSA.
332—M. C. Kalutara, 18,467.
Criminal Procedure—Evidence in rebutted—No provision in Code.
There is no provision in the Criminal Procedure Code forevidence in rebnttal in the Magistrate’s Court.
calling-.
116
B35TTNEMAJN J.—The King o. Kalu. Banda.
PPEAL from a conviction by the Magistrate of Kalutara.
R.L. Pereira, K.C. (with him S. W. Jayasuriya), for the accused,^appellant.
P. A. Silva, C.C., for complainant, respondent.
July 9, 1943. Mosklby J.
The appellant was convicted of robbery of a buffalo and was sentencedto two months’ rigorous imprisonment. The appellant gave evidencein the course of which a statement was put to him which was alleged tohave been made by him to constable K. G. Perera. The appellantdenied that this statement had been correctly recorded. At the close of■the case for the defence, Counsel for the prosecution moved to callnonstable Perera in rebuttal. Counsel for the defence did not objectto this course and the constable was accordingly called and he producedthe statement which he swore to be correctly recorded.
So far as I can discover there is no provision for the calling of evidencetin rebuttal in the Magistrate’s Court. The procedure was thereforeirregular and it is impossible to say to what extent the mind of thelearned Magistrate may have been influenced by having before him two.contradictory statements made by the appellant.
therefore, allow the appeal and quash the conviction and Sentence.There will be a new trial before another Magistrate.
Conviction quashed.