Madawalamaddumage Don Ruwan Pushpakumara vs The Hon. Attorney General – CA HCC 0167/2020-2025

In the case between Madawalamaddumage Don Ruwan Pushpakumara and The Hon. Attorney General, the court addressed the issue of whether the evidence established the offence of gang rape under section 364(2) of the Penal Code beyond a reasonable doubt. It was held that the prosecution failed to prove its case, as the evidence was marked by significant inconsistencies and lack of corroboration, particularly relating to witness testimonies and medical findings. The principles under the Evidence Ordinance regarding the assessment of corroborative evidence were reaffirmed, with emphasis that the presumption of innocence was not displaced. The decision clarified that convictions must rest on clear and consistent evidence, reiterating the standard of proof required in criminal cases.

P. Kumararat