Basnayake v. Officer In Charge Special Crimes Detection Unit Anuradhapura – sllr 1988 volume 2 page 050

The case between Basnayake (Plaintiff-Appellant) and the Officer in Charge, Special Crimes Detection Unit (Anuradhapura) (Defendant-Respondent) addressed the issue of criminal breach of trust under Section 391 read with Section 32 of the Penal Code. It was held that the evidence established the appellant’s dishonest misappropriation of funds entrusted to him in his capacity as cashier of Kebettigollawa M.P.C.S. Ltd. The decision reaffirmed the principle that failure to offer any explanation in the face of unequivocal evidence can justify an inference of guilt. Reliance was placed on the appellant’s sole control of access to the funds and corroborating testimony by multiple witnesses, underscoring that adverse inferences may be drawn from an accused’s unexplained silence and that such circu