Daundalage Pushpakumara vs Mahinda Gamini Samarakoon and Devatha Periyaduwalage Piyal Kusumsiri – CALA 12/2016-2017

In the case between the Hon. Attorney-General and Mahinda Gamini Samarakoon & Devatha Periyaduwalage Piyal Kusumsiri, the court addressed whether the accused committed the offence of torture against the aggrieved party, punishable under section 2(4) of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994, and whether the prosecution sufficiently established their identity in the absence of an identification parade, relying instead on dock identification. The court held that the High Court’s acquittal of the accused was justified due to the lack of reliable identification and evidentiary inconsistencies, reaffirming the principle that, under section 200(1) of the Code of Criminal Procedure Act, an acquittal is proper if prosecution