Dematamulla Gamage Prasan vs. Hon Attorney General – CA HC/177/2013-2013

In the case between D. M. Prakash (Dematamulla Gamage Prasan) and the Hon. Attorney General, Sri Lanka, the court considered whether two separate indictments—one for grave sexual abuse and the other for statutory rape—could be legally joined for a single trial and judgment under the Code of Criminal Procedure Act or the Judicature Act. It was determined that, while joinder of charges within a single case is allowed, there is no statutory provision supporting the joinder of two distinct cases. The findings established that conducting a joint trial in such circumstances was irregular, resulting in a fundamental procedural defect and a miscarriage of justice. The decision reaffirmed that adherence to statutory procedure is mandatory in criminal proceedings. The case was referred back to the H