Nandana Silva vs. Attorney-General – sllr 2005 volume 2 page 352

In the case between NANDANA SILVA (plaintiff/appellant) and ATTORNEY-GENERAL (respondent), the court addressed the validity of a marriage contracted between the accused-appellant and the prosecutrix, who was 13 years and a few months old, alongside the propriety of charges for kidnapping and rape. It was concluded that a marriage entered into with a person below the statutory age is void ab initio under section 15 of the Marriage Registration Ordinance as amended by Act No. 18 of 1996. The framing of the rape charge was found deficient owing to insufficient particulars as required by sections 164(4) and 166 of the Criminal Procedure Code, thereby prejudicing the accused’s defence. The holding resulted in an acquittal on the charge of rape and affirmation of the conviction for abduction, pa