Gamaralalage Somawathie vs. W.M.R. Wijesiri et al. – 200/2003-2003

In Gamaralalage Somawathie v. W.M.R. Wijesiri and others, the court addressed whether the Defendants committed criminal trespass under Section 433 of the Penal Code by entering land claimed by the Plaintiff, and whether the Attorney General was authorized under Section 191(2) of the Criminal Procedure Code to take over a prosecution initiated by a private party without consent. The findings established that the land in question was state property intended for official purposes, negating any private property claim or basis for trespass. It was further held that the Attorney General’s actions in assuming conduct of the prosecution and declining to produce evidence, which led to the accused’s acquittal, were proper. The appeal from the Plaintiff was dismissed with costs, affirming the princip