Molligoda Liyanage Thilakaratne vs Hon. Attorney General – CA NO.105/2010-2010

In the case between Molligoda Liyanage Thilakaratne (Accused-Appellant) and the Hon. Attorney General, the court addressed the issue of the legal validity of an indictment under Section 364A of the Penal Code in view of Section 165(2) of the Criminal Procedure Code. It was determined that the indictment, which charged rape over a period exceeding one year, was defective and thus invalid in law. The finding reaffirmed the principle that indictments for certain offences must comply strictly with procedural limitations regarding the time period. The decision referred explicitly to the relevant statutory provisions and underscored the necessity of adherence to procedural safeguards, ordering that a conviction based on a defective indictment cannot be sustained. The High Court was ordered to co