Daminda Rubasinghe v. Officer In Charge, Cinnamon Gardens Police Station & The Hon. Attorney General – CA PHC APN 95/2010-2010

In the case between Daminda Rubasinghe (Accused-Petitioner-Petitioner) and Officer In Charge, Cinnamon Gardens Police Station, Colombo 7, and the Hon. Attorney General (Respondents-Respondents), the court addressed the legality of the High Court’s dismissal of the petitioner’s revision application primarily for delay and absence of exceptional circumstances, as well as the propriety of the Magistrate’s direction on assessing defence evidence. It was held that appellate revisionary powers may be exercised to correct grave legal errors—even where delay exists—when a miscarriage of justice has occurred, particularly if the presumption of innocence is reversed by flawed judicial reasoning. This decision reaffirmed the principle that appellate intervention is justified to safeguard fair trial r