Rathnapalage Lional Bandara v. The Hon. Attorney General – CA HCC/0186/2018-2022

In the case between Rathnapalage Lional Bandara (Accused-Appellant) and The Hon. Attorney General (Complainant-Respondent), the court addressed whether the prosecution had established beyond a reasonable doubt that sexual intercourse occurred without the consent of the prosecutrix, constituting rape under Section 364(1) of the Penal Code, and whether the trial judge had wrongly shifted the burden of proof to the accused-appellant. It was held that the evidence presented by the prosecution was tainted with doubt and ambiguity, and errors had occurred in burdening the accused-appellant with proof, thus depriving the accused-appellant of the presumption of innocence and a fair trial. The decision reaffirmed the principle that in criminal proceedings, the prosecution bears the burden of proof