Adikari Mudiyanselage Wimalasooriya v. Democratic Socialist Republic of Sri Lanka – CA PHC APN 11/2016-2017

In the case between the Democratic Socialist Republic of Sri Lanka and Adikari Mudiyanselage Wimalasooriya, the court addressed whether the conviction and sentence for grave sexual abuse under section 365B(2)(b) of the Penal Code warranted revision due to the indictment’s failure to specify the date of the alleged offence, and whether revisionary jurisdiction could be invoked when the accused had not demonstrated exceptional circumstances or exhausted the appellate procedure. It was held that invocation of the Court of Appeal’s revisionary power is confined to instances of manifest injustice, illegality, or exceptional circumstances, none of which were established in this case. Reliance was placed on precedents such as Ameen v Rasheed, Rustom v Hapangama, and Bank of Ceylon v Kaleel, reaff

REF: CA PHC APN 11/2016-2017 Category: Tag:
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