Sudath Kumara Perera Vs. The Hon. Attorney General – CPA/62/2022-2022

In the case between The Democratic Socialist Republic of Sri Lanka and Sudath Kumara Perera, the court addressed whether the High Court’s decision to permit the adoption of evidence from absent or deceased witnesses under Section 33 of the Evidence Ordinance warranted revision. The proceedings examined whether exceptional circumstances or patent illegality justified the exercise of revisionary jurisdiction by the Court of Appeal in this context. The High Court’s initial conviction and sentence, imposed under Sections 364 and 345 of the Penal Code, had been set aside due to an unfair trial, resulting in an order for retrial. During the retrial, in light of witness unavailability, the prosecution invoked Section 33 to tender prior testimony, opposed by the accused. The appellate court applie