S.M.R. Nandasena Kudabandara vs The Attorney-General – CA NO.191/2009-2014

In the case between S.M.R. Nandasena Kudabandara (Accused-Appellant) and the Attorney-General (Respondent), the court addressed the issue of whether the accused-appellant was lawfully convicted for rape and whether the evidence adduced was sufficient to sustain the conviction beyond reasonable doubt. The court held that the contradictions and material inconsistencies in the prosecutrix’s testimony, specifically regarding her sexual relationship with another individual during the pertinent period, rendered her evidence unreliable. The appellate court determined that the conviction was unsafe and that the prosecution failed to establish the charge of rape beyond reasonable doubt. Consequently, the conviction and sentence were set aside, and the accused-appellant was acquitted. This decision

REF: CA NO.191/2009-2014 Category: Tag:
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