Herathperuma Mudiyanselage Mahinda Upali Kulawardhena v. Hon. Attorney General – HCC/0141/2019-2022

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Attorney General) and Herathperuma Mudiyanselage Mahinda Upali Kulawardhena, the Court of Appeal addressed whether the conviction of the accused could stand based solely on the uncorroborated testimony of a single police witness and whether the trial judge erred in rejecting the defence witnesses’ testimonies. It was held that the trial judge unjustifiably dismissed the evidence of the defence and failed to properly assess discrepancies and inconsistencies in the prosecution’s case, particularly given the absence of corroborating testimony and the flawed reasoning for rejecting the defence’s evidence. The Court reaffirmed the principle that while a credible single witness can suffice for conviction, subs

REF: HCC/0141/2019-2022 Category: Tag:
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