Thalaramba Vithanage Don Nimal alias Ukku Maama v. Democratic Socialist Republic of Sri Lanka – CA HCC/0124/2020-2022

In the case between Thalaramba Vithanage Don Nimal alias Ukku Maama (Accused-Appellant) and the Attorney General’s Department (Respondent/State), the court addressed the issue of whether serious errors in the evaluation of evidence by the High Court led to a miscarriage of justice in a conviction for grave sexual abuse. It was determined that substantial discrepancies in the victim’s testimony, coupled with a lack of corroboration and inconsistencies between the indictment and trial evidence, rendered the conviction and sentence unsustainable. The principle reaffirmed is that a conviction for sexual offences must be founded on evidence that is both cogent and corroborated, especially when material inconsistencies exist. The decision relied on established judicial precedents concerning the