Hendha Hewa Sumanasiri vs Rambuggala Nahalle Arachchige Don Sumeth Perera – CA PHC 242/2005-2015

In the case between Hendha Hewa Sumanasiri (Virtual Complainant/Appellant) and Hon. Attorney General & Ors., the court addressed whether the acquittal of the accused for unlawful assembly, criminal trespass, and mischief should be overturned on appeal, and whether such an appeal could be maintained absent the sanction of the Attorney General as required by Section 318 of the Criminal Procedure Code. It was held that the appeal lacked procedural merit due to the absence of Attorney General’s sanction and failed to demonstrate exceptional circumstances or a miscarriage of justice to warrant appellate or revisionary intervention. The principle reaffirmed is that appeals against criminal acquittals require strict statutory compliance, particularly Attorney General’s sanction, and exceptional c

REF: CA PHC 242/2005-2015 Category: Tag:
Scroll to Top