Godage and Others v. Officer In Charge, Police Station, Kahawatte – sllr 1992 volume 1 page 054

In the case between Godage and Others (Plaintiffs) and the Officer-in-Charge, Police Station, Kahawatte (Defendant), the court addressed the issue of whether the Magistrate’s failure to frame and read out charges to the accused, as mandated by Section 182 of the Code of Criminal Procedure Act, No. 15 of 1979, invalidates the conviction. It was held that such omission constitutes a fatal procedural defect, reaffirming the principle that framing and communicating the charge is fundamental to a fair criminal trial. The decision relied on statutory requirements under the Code of Criminal Procedure and relevant precedents, emphasizing that violation of this requirement leads to the setting aside of the conviction and acquittal, and that such defect is not curable under section 436 of the Act.