Kukule Kankanamge Sumanathissa vs The Hon. Attorney General – CA HCC 267/23-2025

In the matter of Kukule Kankanamge Sumanathissa (ACCUSED-APPELLANT) vs. The Hon. Attorney General (COMPLAINANT-RESPONDENT), the court addressed issues of a fair trial and proof of rape. The key issues involved procedural irregularities, specifically the appellant being unrepresented during trial in absentia, lack of inquiry into absence, and absence of records for indictment readings. The reliability of the prosecutrix’s testimony concerning consent and the omission of key witnesses were also scrutinized. The court held that the procedural irregularities and shortcomings in prosecution evidence warranted acquittal.

P. Kumararatnam, J. delivered the judgment, detailing the appellant’s indictment for rape, subsequent abscondence, and trial in absentia. Critical procedural irregularities w