Duwe Balage Dias v. The Hon. Attorney General – CA 53/2014-2015

In the case between Duwe Balage Dias (Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the conviction and sentence for murder (Section 296 of the Penal Code) and grievous hurt (Section 316 of the Penal Code) were supported by legally admissible and sufficient evidence. It was held that the prosecution failed to properly admit the key eyewitness’s prior testimony, did not establish her unavailability in accordance with section 33 of the Evidence Ordinance, and relied instead on circumstantial and hearsay evidence. Applying the principle that a conviction must rest on trustworthy, direct, or properly admitted prior evidence and considering the considerable delay and hardship already experienced by the appellant, the court set aside the conviction and