Jeyarasa Sajeevan Vs. The Hon. Attorney General – CA HCC 189/2020-2023

In the case between the Democratic Socialist Republic of Sri Lanka (the State) and Jeyarasa Sajeevan, the court considered whether the post-testimony amendment of the charge of grave sexual abuse constituted a defect in the indictment that prejudiced the appellant’s right to a fair trial. It was held that the alteration of the charge without recalling witnesses, as required under the Criminal Procedure Code, rendered the proceedings defective. The offenses of rape and grave sexual abuse were found to be distinct and warranted separate charges. The reliability of the victim’s evidence was found insufficient in view of inconsistencies arising after amending the charges. Consequently, the conviction and sentence were set aside, underscoring the constitutional right to a fair trial and the nec