Herath Mudiyanselage Jayatissa alias Saman vs. The Attorney General – CA NO. 30/2008-2014

In the case between Herath Mudiyanselage Jayatissa alias Saman (Accused-Appellant) and The Attorney General (Respondent), the court addressed whether the conviction and ten-year sentence for rape was justified based on the sufficiency and reliability of evidence regarding the absence of consent, the probative weight of the physical proximity of the accused’s wife at the time of the alleged offence, and the procedural failing involving the lack of a DNA test. The holding established that conviction for rape requires proof of non-consensual intercourse, emphasizing that mere proof of sexual intercourse, without establishing lack of consent beyond reasonable doubt for a person above sixteen years, is insufficient. The decision reaffirmed that convictions relying on inconclusive or discrepant