Attorney General vs Wickramathilake Don Susantha Kumara – SC Appeal 159/23-2025

In the case between The Attorney General and Wickramathilake Don Susantha Kumara, the court addressed the proper application of Section 200(1) of the Code of Criminal Procedure concerning whether a defense should be called in a prosecution for sexual harassment under Section 345 of the Penal Code. The appellate review focused on whether circumstantial evidence, specifically DNA traces on the victim’s undergarments, was sufficient to establish the required elements of the alleged offence. The Supreme Court determined that the failure to call the defense was appropriate since the prosecution failed to present a prima facie case. It was established that the presence of DNA evidence alone did not prove non-consensual conduct or forcible removal of clothing. The appeal was dismissed, reaffirmin