Kankanamalage Nihal Gunathilake v. Hon. Attorney General – CA HCC/0149/2019-2022

In the case between The Democratic Socialist Republic of Sri Lanka and Kankanamalage Nihal Gunathilake, the court addressed the issue of whether the accused committed the crime of rape as charged in the year 2007. The court held that the prosecution failed to prove beyond a reasonable doubt that the offenses occurred at the time specified in the indictment, resulting in the setting aside of the convictions and acquittal of the accused. This decision reaffirmed the principle that every element of a criminal charge—including the precise time of commission—must be proven beyond a reasonable doubt. Reliance was placed on the burden of proof required in criminal proceedings, emphasizing the impact that inaccuracies and inconsistencies in material particulars can have on a conviction.

K. Priyan