B.G. Wasantha Kumara v. The Hon. Attorney General – CA 67/2017-2017
In the case between B.G. Wasantha Kumara (Accused–Appellant) and The Hon. Attorney General (Respondent), the court addressed whether a conviction based predominantly on an uncorroborated dying declaration made to a police officer was safe, given alleged procedural irregularities and inconsistencies. It was held that the conviction could not stand as the trial court had misapplied the burden of proof by improperly weighing the accused’s evidence against the dying declaration, rather than adhering to the prosecution’s obligation to prove guilt beyond a reasonable doubt. The principle reaffirmed is that the burden of proof remains on the prosecution and must not be shifted to the accused. This decision drew upon established fair trial standards and constitutional safeguards, underscoring the

