Atham Kandu Fouzer Vs. The Hon. Attorney General – CA – HCC 158/2013-2022

In the case between the Honourable Attorney General (Complainant-Respondent, representing the Democratic Socialist Republic of Sri Lanka) and Atham Kandu Fouzer (Accused-Appellant), the court addressed the issue of whether an appeal by the Accused-Appellant was properly and timely filed under Section 331(1) of the Code of Criminal Procedure Act, and whether, given the delay and absconding conduct of the appellant, the Court of Appeal should exercise its revisionary jurisdiction. It was held that no exceptional circumstances justified the invocation of revisionary powers in favour of the appellant, reaffirming the principle that appeals must be lodged within the prescribed statutory limits and that exceptional discretionary revisionary relief is not available to a party who has deliberately

REF: CA - HCC 158/2013-2022 Category: Tag:
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