R. Saman & Aruna Indika Hettiarachchi vs Hon. Attorney General – CA 189/2012-2013

In the case between R. Saman and Aruna Indika Hettiarachchi (Appellants) and the Hon. Attorney General (Respondent), the court addressed the issue of whether the High Court at Embilipitiya, during the trial for rape, complied with section 195(ee) of the Criminal Procedure Code. It was held that there was a failure to demonstrate evidence of such compliance in the trial record or departmental files. Consequently, the convictions and sentences against the accused were set aside, and a re-trial was ordered to ensure adherence to section 195(ee) and for the case to be concluded expeditiously. The decision reaffirmed the principle that strict compliance with procedural safeguards is mandatory in criminal proceedings. This holding relied upon a direct application of the Criminal Procedure Code,