Mananage Susil Dharmapala v Officer-in-Charge, Special Crimes Division, Sri Lanka Police – SC APPEAL NO. 155/14-2021

In the case between Mananage Susil Dharmapala (Appellant) and the Officer-in-Charge, Special Crimes Division, Colombo (Respondent) on behalf of intellectual property rights holders, the court addressed the issue of whether the prosecution established, beyond reasonable doubt, the accused’s knowledge and involvement in the unauthorized sale and possession for sale of pirated musical works, as governed by the Intellectual Property Act. The court held that the evidence supported the conviction on the first two counts but found a defect in the framing of the third count. The ruling reaffirmed the principle that both the actus reus and mens rea components must be proven for convictions under intellectual property offences. The findings relied on the evaluation of the physical exhibits, credibil