Pilippuge Manoj Chanaka Fernando v. Hon. Attorney General – HCC/94/19-2022

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Complainant-Respondent) and Pilippuge Manoj Chanaka Fernando, Sinna Karukupane, Bangadeniya (Accused-Appellant), the court addressed whether the prosecution established, beyond reasonable doubt, that the accused committed rape without the prosecutrix’s consent, as mandated by Section 364(1) of the Penal Code. It was determined that significant contradictions in witness testimonies, particularly regarding the reporting of the incident and the existence of injuries, as well as an unsatisfactory explanation for the delayed police complaint, raised reasonable doubt concerning the absence of consent. The holding reaffirmed the principle that, in criminal proceedings, where reasonable doubt remains about an