Republic of Sri Lanka v. Abdhulkhan Ammerkhan – CA 18/2008-2008

In the case between the Republic of Sri Lanka (Kantale Police) and Abdhulkhan Ammerkhan (Kinniya), the court addressed the procedural issue of compliance with Section 200(1) of the Code of Criminal Procedure Act, specifically regarding the requirement to call a formal defence at trial. It was held that the absence of such compliance vitiated the validity of the conviction and sentence, necessitating their setting aside. The principle reaffirmed in this decision underscored strict adherence to statutory requirements for criminal procedure to ensure a fair trial. This decision relied on the provisions of the Code of Criminal Procedure Act and reinforced the imperative that procedural safeguards must be observed, resulting in an order for a new (de novo) trial to rectify the omission.

Anil G