Attorney General vs. Alugaha Gamage Thushara Dhammika – CA-HCC/138/2024-2025

In the case between the Attorney General and Alugaha Gamage Thushara Dhammika, the court considered whether the High Court’s order of acquittal, issued due to the absence of a key witness and associated procedural delays, conformed to the statutory limits governing judicial authority at trial under the Code of Criminal Procedure. It was held that the acquittal was premature, with the court reaffirming that a trial judge must not acquit or discharge an accused before the prosecution has had an adequate opportunity to present its evidence, as provided by law. Reference was made to relevant statutory provisions and judicial precedent, with emphasis that judicial discretion in this context is circumscribed to prevent miscarriage of justice through procedural irregularities. The acquittal was s