Jayasinghe Mudiyansalage Gamini Dayaratne v. The Hon. Attorney General – CA – HCC 193/2018-2022

In the case between The Honourable Attorney General of Sri Lanka (representing the State) and Jayasinghe Mudiyansalage Gamini Dayaratne, the court addressed the issue of whether a conviction and sentence imposed upon an accused-appellant, based on a plea of guilty under Section 365B(2)(b) of the Penal Code for acts of sexual abuse of a minor, should be upheld in the absence of substantive supporting evidence. It was held that the conviction and sentence could not be maintained where the evidentiary record, including the victim’s testimony and absence of corroborative proof, did not substantiate the charge. The principle reaffirmed was that the appellate court may intervene and set aside a guilty plea conviction when it would otherwise result in a miscarriage of justice, pursuant to appella