Wickramaarchchige Gamini Thilakasiri et al Vs. The Hon. Attorney General – CA – HCC 23-25/2020-2022

In the case between the Democratic Socialist Republic of Sri Lanka (Attorney General) and Wickramaarchchige Gamini Thilakasiri, Wickramaarchchige Neel Chandika Wickramaarchchi, Dhammika Nilantha Walakuluarachchi, and Madawala Maddumage Surendra, the court addressed whether a discrepancy in the name of the deceased, as recorded in the indictment versus the post-mortem report and witness testimony, constituted adequate grounds for a re-trial of the accused. It was held that such a discrepancy alone does not suffice to order a re-trial, as the determination must be made in light of whether the accused were misled or their substantial rights prejudiced, in accordance with Section 172 of the Code of Criminal Procedure Act and Article 138(1) of the Constitution. The principle reaffirmed was that