Nishashanka Arachchige Mahesh Chaminda Priyantha Kumara vs. Officer In Charge, Special Crime Investigating Branch, Gampaha – SC Appeal 111/2018-2024

In the case between the Officer In Charge, Special Crime Investigating Branch, Gampaha (and the Attorney General’s Department) and Nishashanka Arachchige Mahesh Chaminda Priyantha Kumara, the court addressed the issue of whether the elements of criminal misappropriation and criminal breach of trust under sections 386, 388, and 389 of the Penal Code were established. It was held that the prosecution proved beyond reasonable doubt both the actus reus and mens rea necessary for the offenses, affirming the High Court’s conviction. The principle reaffirmed was that both the factual circumstances of possession and misuse of entrusted property, together with the requisite intention, must be established to sustain such criminal charges. The decision relied on statutory provisions of the Penal Code