Savinda vs. Republic of Sri Lanka – sllr 2010 volume 1 page 032

In the case between Savinda (the appellant) and the Republic of Sri Lanka, the court addressed the sufficiency of evidence required to sustain a conviction for rape under Section 364(4) of the Penal Code, as well as the legality of the default sentence imposed for non-payment of compensation. The findings established that the prosecution failed to prove beyond a reasonable doubt that the alleged act of rape occurred without the complainant’s consent, citing significant inconsistencies and doubts in the prosecutrix’s testimony. Furthermore, it was determined that the default sentence for non-payment of compensation exceeded the legal maximum stipulated in the Penal Code. The conviction was accordingly set aside and the appellant was acquitted, reaffirming the principle that the burden of pr