Kopiwattegedera Jayasinghe v. Hon. Attorney General – CA NO. 07/2011-2011

In the case between Kopiwattegedera Jayasinghe (Accused-Appellant) and the Hon. Attorney General (Complainant-Respondent), the court addressed whether the mandatory requirement under Section 195(ee) of the Code of Criminal Procedure Act—to personally inform the accused of the right to a jury trial and to ascertain the accused’s decision—was properly observed. It was held that the failure of the trial judge to directly make this inquiry constituted a fundamental procedural irregularity, thereby invalidating the conviction and sentence. The principle reaffirmed is that judicial compliance with such statutory safeguards is essential to the fairness of criminal proceedings. The decision relied upon binding precedents and statutory interpretation, underscoring that strict compliance with Sectio

REF: CA NO. 07/2011-2011 Category: Tag:
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