Godakandage Nihal Perera alias Paul vs The Republic of Sri Lanka – CA APPEAL NO.293/2009-2013

In the case between Godakandage Nihal Perera alias Paul (Accused-Appellant) and the Republic of Sri Lanka (Complainant-Respondent), the court addressed whether the trial Judge erred by disallowing the accused from giving evidence on the mistaken basis that his defence constituted an alibi, pursuant to Section 126A of the Criminal Procedure Code (as amended by Act No.14 of 2005). It was held that the accused’s defence, maintaining presence at home within walking distance of the crime scene, did not amount to an alibi in law, which requires presence at a location making access to the scene impossible. The interpretation by the trial Judge was found to be erroneous. The court set aside the conviction and sentence, and directed a re-trial before a different judge, reaffirming the principle tha