M. Ajith Kumara alias Ajith v. Hon. Attorney General – CA NO. 208/2012-2012

In the case between M. Ajith Kumara alias Ajith (Accused-Appellant) and the Hon. Attorney General (Complainant-Respondent), the court examined the admissibility of deposition evidence under Section 33 of the Evidence Ordinance, the effect of a substantial delay in recording the testimony of a key child witness, and the reliability of that evidence in a triple murder prosecution. It was determined that the requirements of Section 33 were satisfied as the deposition was given at a non-summary proceeding where the accused had an opportunity to cross-examine, and the legal and factual issues remained the same. The court concluded that the delay in recording the child’s statement was justified due to the witness’s young age and psychological state, with medical and circumstantial evidence corro