N.A.Susantha Bandara vs Hon.Attorney General – CA CASE NO:-176/2013-2014

Brief
The case between N.A. Susantha Bandara (Accused-Appellant) and the Hon. Attorney General (Republic) addressed the issue of whether the accused-appellant committed rape on Disanayake Mudiyanselage Shayamali during the period alleged in the indictment, punishable under Section 364(2) F of the Penal Code. The court held that the prosecution failed to establish the date and occurrence of the offence as stated in the indictment, reaffirming the principle that a conviction cannot stand if the prosecution does not prove the charges as specified. This decision relied on the evidence presented, emphasizing that the failure to address the discrepancy in dates constituted a grave misdirection, leading to the acquittal of the accused-appellant.

H.N.J. Perera J. — It was determined that the