Wikrama Hennayaka vs Hon. Attorney General – CA 148/1997-1997

In the case between the Democratic Socialist Republic of Sri Lanka, Hon. Attorney General (Complainant/Respondent) and Wikrama Hennayaka (Accused-Appellant), the court examined whether the accused misappropriated funds (Rs. 50,000) of the Education Employees Thrift and Lending Society, thereby contravening Section 5(1) of the Offences Against Public Property Act No. 12 of 1982 read with Section 386 of the Penal Code. The court determined that the conviction was unsafe due to lack of sufficient legal and evidentiary basis, particularly in the improper application of legal standards for misappropriation and overreliance on uncorroborated witness testimony. The decision emphasized the necessity for proper legal appreciation of offenses under Section 386 and the fair consideration of defense e