Wijethunga Mudiyanselage Heen Banda v. Attorney-General – CA 129/2013-2013

In the case between Wijethunga Mudiyanselage Heen Banda (Accused-Appellant) and the Attorney-General (Respondent), the court addressed the issue of whether the conviction for kidnapping and rape, pursuant to sections 354 and 365B(2)(b) of the Penal Code, could be sustained on the available evidence. The conviction was challenged based on delayed complaint, inconsistencies in the victim’s testimony, absence of corroborative medical evidence, and delay in delivering judgment. It was held that the conviction and sentence should be set aside, and the accused acquitted, reaffirming the principle that a court should not convict unless satisfied that the prosecution evidence is credible and reliable, especially in sex offence cases. This decision relied on both Sri Lankan and Indian precedents an