Arampath Mudiyanselage Thilakaratne Bandara v. The Hon. Attorney General – CA NO. 117/14-2016

In the case between Arampath Mudiyanselage Thilakaratne Bandara (Accused-Appellant) and The Hon. Attorney General (Respondent), the court addressed whether strict compliance with Section 196 of the Code of Criminal Procedure Act No. 15 of 1979—specifically, the reading and explanation of the indictment to the accused and the recording of the plea—had been observed, and whether non-compliance warranted setting aside the conviction and sentence. It was determined that the absence of a record regarding the arraignment constituted a fatal irregularity, not curable by demonstrating lack of prejudice to the accused. Emphasis was placed on the fundamental right of the accused to be informed of charges and the necessity of procedural safeguards for a fair trial. Relying on statutory mandates and l

REF: CA NO. 117/14-2016 Category: Tag:
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