Ratnayake Mudiyanselage Bandula Pathmakeerthi alias Suddu Aiya v. The Attorney General of the Democratic Socialist Republic of Sri Lanka – CASE NO. 54/2015-2018

In the case between the Attorney General of the Democratic Socialist Republic of Sri Lanka (Complainant-Respondent) and Ratnayake Mudiyanselage Bandula Pathmakeerthi alias Suddu Aiya (Accused-Appellant), the court addressed the legality of a conviction for rape and grave sexual abuse under a non-existent section of the Penal Code and the adequacy of the appellant’s opportunity for defense. It was held that a conviction under section 365A(2)B, which does not exist, is legally invalid and that the accused must be charged and convicted only under valid, existing statutory provisions, ensuring the right to a fair trial and defense. The holding reaffirmed the principle that criminal convictions and sentences must strictly adhere to statutory procedures and the constitutionally guaranteed rights

REF: CASE NO. 54/2015-2018 Category: Tag:
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