Nimal Senaratna vs The Democratic Socialist Republic of Sri Lanka – CA 126/2001-2014

In the case between Nimal Senaratna (Accused-Appellant) and The Democratic Socialist Republic of Sri Lanka (Complainant-Respondent), the court addressed whether the conviction for grave sexual abuse was lawfully sustained, given the amendments introduced by Act No 29 of 1998 to the Penal Code. It was held that the conviction under the amended law, which retrospectively deprived the accused of the defence of consent, constituted a miscarriage of justice since the revised legal standard was not in force at the time of the alleged offence. This decision reaffirmed the principle derived from Article 13(6) of the Constitution that no individual shall be convicted under a law not operative at the time of the offence, nor denied a legal defence available under the prior law. The ruling relied on