B. Upali Senarathne vs The Attorney General – CA 25/09-2014

In the case between B. Upali Senarathne alias Buddadasage Upali (Accused Appellant) and The Attorney General (Respondent), the court addressed the issue of whether the conviction for rape under Section 364 of the Penal Code was sustainable in view of contradictory medical evidence and the absence of corroboration for the prosecutrix’s testimony. It was held that the conviction could not be maintained due to inconsistencies between the medical report and the prosecutrix’s claims, alongside the absence of independent corroboration. The principle reaffirmed was that convictions for rape should not rest solely upon the uncorroborated testimony of the prosecutrix unless such evidence is compelling. Relevant statutes and case law were relied upon, emphasizing that reasonable doubt arising from c

REF: CA 25/09-2014 Category: Tag:
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