E.M.Gamini Edirisuriya and Others v. Hon. Attorney General – CA CASE NO:-228-230/2005-2005

In the case between E.M. Gamini Edirisuriya, M.A.D. Shantha Kumara Perera, A.M. Ariyapala (Accused-Appellants) and the Hon. Attorney General (Respondent), the court addressed the applicability of convictions under section 308A(2) of the Penal Code for cruelty to children, particularly focusing on the statutory requirements of custody, charge, or care, and the wilfulness of the alleged conduct. It was held that these necessary elements were not properly established by the prosecution, and the trial judge failed to adequately consider whether the accused possessed the requisite wilful intent. Established case law and the significant lapse of time since the incident were cited in refusing to order a retrial. The principle reaffirmed is that criminal liability under section 308A attaches only