Accused-Appellant vs Attorney General – CA NO.132/2015-2015

In the case between the Accused-Appellant and the Attorney General, the court addressed whether the accused-appellant was deprived of a fair trial by not being afforded the statutory right to elect for a jury trial at the High Court, as required by Section 195(ee) of the Criminal Procedure Code. It was held that the failure to provide the accused with the mandatory jury trial option constituted an incurable illegality, thereby invalidating the proceedings and judgment. The case reaffirmed the principle that compliance with statutory procedural safeguards is indispensable to a fair trial. Reliance was placed on precedents such as Hettiarachchi v. The Attorney General (CA No.130/2005), with the decision emphasizing that any such procedural lapse necessitates setting aside the conviction and