Shanmugarajah v. Republic of Sri Lanka – sllr 1990 volume 2 page 057

In the case between Shanmugarajah (Accused-Appellant) and the Republic of Sri Lanka (Respondent), the issue concerned whether the prosecution had satisfactorily established the accused’s knowledge (mens rea) as required under the Evidence Ordinance, particularly with regard to facts presumed to be within the exclusive knowledge of the accused. The court held that while the prosecution established a prima facie inference of knowledge based on the accused’s control over the suitcase containing heroin, this presumption could be rebutted only by facts shown by the accused. The findings confirmed that the accused failed to discharge this burden. As a result, the conviction was affirmed, but, in consideration of mitigating circumstances including the age of the accused, the death sentence was su