Deva Wijayantha vs Hon. Attorney General – CA PHC APN 20/2011-2011

In the case between Deva Wijayantha (Petitioner) and the Hon. Attorney General (Respondent), the court addressed whether a conviction in absentia for offences under Sections 354 and 364(2) of the Penal Code should be revised based on the petitioner’s explanation for his absence at trial. It was determined that occupational mobility as a mason, cited as the reason for absence, did not constitute a bona fide explanation under Section 241(3) of the Criminal Procedure Code. The petitioner’s failure to comply with bail reporting conditions and a substantial delay of over four years in seeking revision were decisive factors. The court reaffirmed that revisionary relief should be reserved for exceptional cases absent contumacious conduct, as established by precedent (including Rajapakse v. The St