Hewa Pasgodage Premathilaka vs. Hon. Attorney General – CA 13/2017-2017

In the case between the Hon. Attorney General, representing the Democratic Socialist Republic of Sri Lanka (Plaintiff/Complainant-Respondent), and Hewa Pasgodage Premathilaka (Defendant/Accused-Appellant), the court examined whether a conviction for rape of a person under 16 years of age under Section 364(3) of the Penal Code was appropriately entered. It was held that the conviction and sentence were unsustainable due to the prosecution’s failure to specify and prove the date of the offence, unaddressed contradictions in the victim’s evidence, and the absence of corroborating medical findings. Emphasis was placed on the requirement for the prosecution to establish material particulars and the trial court’s duty under Section 165 of the Evidence Ordinance to clarify material facts. This de