Saman Upulsena vs Democratic Socialist Republic of Sri Lanka – CA 241/09-2014

Brief
The case between the Democratic Socialist Republic of Sri Lanka and Saman Upulsena addressed the issue of the conviction for the rape of a minor, Aththanayake Mudiyanselage Swarnamali Aththanayake. The court held that the conviction and sentence should be set aside, reaffirming the principle that a charge must be proven beyond a reasonable doubt. This decision relied on the examination of procedural delays, inconsistencies in the victim’s statements, and the handling of evidence, emphasizing that justice must be delivered without undue delay and with judicial impartiality.

P.W.D.C. Jayathilake J. — The findings established that the prosecution failed to prove the charge of rape beyond a reasonable doubt, particularly questioning the evidence of penetration. Procedural issues, s