Kamal Rasika Amarasinghe Alias Chief Inspector Amarasinghe Vs. The Hon. Attorney General – CA HCC/235/16-2021

In the case between Kamal Rasika Amarasinghe alias Chief Inspector Amarasinghe (Appellant/Accused) and The Hon. Attorney General (Respondent/Complainant), the court addressed whether the conviction for simple hurt under section 314 of the Penal Code was sustainable on the available evidence. It was held that the conviction could not be upheld, with the appellate court concluding that the trial judge had not properly analyzed contradictions within the prosecution’s case, failed to correctly apply the burden of proof, and unjustifiably rejected the defense’s uncontradicted testimony. The principle reaffirmed was that both prosecution and defense evidence are to be evaluated on an equal footing, particularly in circumstances of contradiction and credibility challenges. This determination reli

REF: CA HCC/235/16-2021 Category: Tag:
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