Samarappulige Neville Titus Fernando vs The Attorney General – CA HCC/0066/2020-2022

In the case between Samarappulige Neville Titus Fernando (Accused-Appellant) and The Attorney General (Respondent), the court addressed whether the conviction for rape and causing hurt under sections 364(1) and 314 of the Penal Code was supported by evidence beyond a reasonable doubt and whether the accused’s defence of consent was properly evaluated. It was held that the conviction could stand, as the findings established that the prosecution’s evidence, particularly that of the prosecutrix and supporting medical testimony, was credible and sufficient, while the defence’s version was rightly rejected. However, it was recognized that the trial court imposed the maximum sentence without due regard to mitigating circumstances, particularly the absence of prior convictions. The principle reaf