Kahapola Arachchige Milroy Lasantha Fernando alias Gamini vs The Hon. Attorney General – CA APPEAL NO. 249/2010-2013

In the case between Kahapola Arachchige Milroy Lasantha Fernando alias Gamini (Accused-Appellant) and The Hon. Attorney General (Respondent), the court considered whether the denial of a DNA test application rendered the conviction for rape unsafe, in light of the victim’s testimony and the subsequent birth of a child. It was held that the failure to permit the DNA test—central to the defense’s credibility challenge—invalidated the conviction, as the results could have critically affected the determination of guilt. The decision underscored that in circumstances where the complainant asserts no intercourse with others and a child is born, there is a judicial duty to allow a DNA test when so requested. This approach followed established principles ensuring fair trial standards and due proce