Hon. Attorney-General vs Delankage Kamal Padmasiri Bandara Wimalawera – CA-LTA 01/2011-2022

In the case between Hon. Attorney-General and Delankage Kamal Padmasiri Bandara Wimalawera, the court addressed the issue of whether the accused was in possession of and distributed indecent photographs of children, constituting an offense under Section 286A(1)(C) of the Penal Code. It was held that the prosecution failed to prove exclusive possession of the computer used for distribution and the authorship of the emails beyond reasonable doubt. The court reaffirmed the principle that criminal liability requires precise identification of both possession and authorship in cases involving electronic evidence. This decision relied on evidentiary requirements under the Penal Code and standards governing electronic evidence, emphasizing that the absence of expert proof regarding the age of chil