Jinapalage Sumathipala & Others vs. Hon. Attorney General – CA 09/2013-2015
In the case between Jinapalage Sumathipala, K. Anura Dissanayake, W.M. Sunil Weerasinghe Bandara, Sirimanalage Wasantha Kumara (Accused-Appellants) and the Hon. Attorney General (Respondent), the court addressed the issue of whether the accused-appellants were properly convicted for the offence of gang rape under section 364(2)(g) of the Penal Code. It was determined that the conviction was unsafe due to unreliability in the prosecutrix’s testimony and absence of corroborative medical and circumstantial evidence. The court set aside the convictions and sentences, and acquitted all accused-appellants, reaffirming the principle that uncorroborated evidence in sexual offences must be of the highest credibility to sustain a conviction. This decision relied upon both local and Indian authoritie

