Ponweera Archchige Sarath Kumara and Kahadawela Archchige Don Udaya Kumara vs The Democratic Socialist Republic of Sri Lanka.. – CA 123/2010-2013

The court addressed the issue of whether the convictions for culpable homicide not amounting to murder, based solely on the deposition of a deceased witness, were safe and sustainable amid doubts regarding the credibility of that evidence. It was held that the inconsistencies and omissions in the witness deposition, combined with exculpatory evidence provided by the accused, created reasonable doubt as to guilt, warranting acquittal. The principle reaffirmed was that, where the prosecution’s case is doubtful due to unreliable or insufficient evidence, the accused are entitled to the benefit of that doubt. Reliance was placed on relevant provisions of the Evidence Ordinance and established case law, emphasizing that convictions must rest on credible and reliable evidence.

Sisira J de Abr