D. Hewage Saman Alias Kalu Malli v. The Attorney General – CA CASE NO: HCC 225/10-2023

The case between D. Hewage Saman alias Kalu Malli (Accused-Appellant) and the Attorney General, Attorney General’s Department, Colombo 12, addressed whether a statement obtained from the Accused under Section 27(1) of the Evidence Ordinance was admissible when the Accused may not have been formally charged or in technical “custody.” It was held that the evidence obtained was admissible, as the prosecution’s evidence demonstrated that the Accused was, in fact, in police custody when the statement was recorded and led to the discovery of the deceased’s body. The court reaffirmed the principle that formal accusation or strict custody is not a prerequisite for admissibility under Section 27(1), relying on statutory interpretation and judicial precedents from both Sri Lanka and India, thereby u