The Attorney General Vs. Ramalingam Selvaratnam – CA REVISION APPLICATION NO. 09/2015-2015

In the case between The Attorney General and Ramalingam Selvaratnam, the court addressed whether the decision of the Trial Judge disqualifying the prosecutrix—a minor and alleged victim—as incompetent to testify was valid under Section 118 of the Evidence Ordinance. It was held that the Trial Judge’s order was erroneous since it did not properly apply the standard for assessing a child witness’s competency and failed to state sufficient reasons for exclusion. The principle reaffirmed is that all persons, irrespective of age, are presumed competent to testify unless clearly shown to be incapable of understanding or providing rational answers, as per Section 118 of the Evidence Ordinance. This decision relied on legal authorities, including R. v. Hampshire (1995), emphasizing that exclusion