M. Prageeth Athurupana vs The Hon. Attorney-General – CA NO.126/2009-2014

In the case between M. Prageeth Athurupana (Accused-Appellant) and The Hon. Attorney-General (Respondent), the court addressed whether the conviction and sentence for rape under Section 364(1) of the Penal Code could be sustained. It was determined that the prosecution failed to establish beyond reasonable doubt the absence of consent in the alleged sexual intercourse, particularly after the trial judge amended the charge from Section 364(2)(e) to 364(1) PC, making consent a material issue. The lack of medical evidence supporting the complainant’s allegations, contradictions in testimony, and insufficient proof of the prosecutrix’s age as under 16 were emphasized. The court ruled that the conviction and sentence should be set aside, reaffirming the principle that the prosecution must prove