Francis Dharshanan et al. vs Hon. Attorney General – CA HCC/0156/0161/17-2023

In the case between the Hon. Attorney General, representing the Democratic Socialist Republic of Sri Lanka (Respondent), and Francis Dharshanan, Sadasiwam Neranjan, Sivalingam Udayasooriyan, Jeyakumar Yathukumar, Sivalingam Udayan, and Dharmalingam Subharaj (Accused-Appellants), the principal issue concerned whether the prosecution established exclusive joint possession by the accused of a hand grenade found in a three-wheeler, as required under section 2(1)(b) of the Offensive Weapons Act No.18 of 1996. It was held that the evidence failed to prove joint possession beyond reasonable doubt due to factual ambiguities and improper legal analysis, resulting in the convictions and sentences being set aside and the accused acquitted. The decision reiterated the principle that, in circumstances