Nishantha Janaka v. The Attorney-General – sllr 2004 volume 1 page 413

In Nishantha Janaka v. The Attorney-General, the court addressed whether a typographical error in charging the accused under section 364(2)(f) instead of section 364(2)(c) of the Penal Code, and the absence of evidence that the prosecutrix was under a physical or mental disability, constituted a miscarriage of justice sufficient to vitiate the conviction for rape. It was held that the defect in the charge was not fatal and did not result in a miscarriage of justice, as procedural remedies exist under section 328(b)(ii) of the Code of Criminal Procedure to cure such errors. The conviction and sentence imposed by the High Court were affirmed, underscoring the principle that technical mistakes in the framing of charges may be rectified when no prejudice to the accused is demonstrated.

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