Attorney – General vs Wickramathilake Don Susantha Kumara – SC Appeal No. 159/23-2025

This case involves an appeal by the Attorney General against the acquittal of Wickramathilake Don Susantha Kumara, charged with sexual harassment. The prosecution relied on DNA evidence (semen on the victim’s undergarments) following the victim’s death in a motor traffic accident. The High Court and Court of Appeal acquitted the accused without calling for a defense, finding no prima facie case. The Supreme Court reviewed the application of Section 200(1) of the Code of Criminal Procedure Act, the evaluation of circumstantial evidence, and the prosecution’s burden to prove lack of consent and criminal force. The appeal was dismissed as the prosecution failed to prove essential elements of the offense, specifically the removal of undergarments and non-consensual sexual activity.

E. A. G.