N.D.Gamage Wasantha v. The Hon. Attorney General – 179/2014-2017

In the case between N.D. Gamage Wasantha (Accused-Appellant) and The Hon. Attorney General (Complainant-Respondent), the court addressed whether the conviction and death sentence for murder under section 296 of the Penal Code could be sustained based solely on circumstantial evidence. It was found that the prosecution’s case, relying exclusively on such evidence, failed to establish guilt beyond reasonable doubt. The conviction and sentence were set aside, underscoring that in cases reliant on circumstantial evidence, all circumstances must be consistent only with the accused’s guilt and inconsistent with any hypothesis of innocence. This decision reaffirms the necessity for clear and compelling evidence to support a conviction for a capital offence.

K. K. Wickramasinghe J. — It was dete