Lama Hewage Lohitha Wickramasinghe vs The Hon. Attorney General – CA HCC/126/2022-2023

In the case between the Accused-Appellant (a police officer, namely Sub Inspector Senarath) and the Complainant-Respondent (Hon. Attorney General, representing the State), the court addressed whether the Appellant, during official duty, employed lethal force in good faith and whether criminal intent was present as required for a conviction under Section 296 of the Penal Code. The court held that the available evidence established the Appellant’s actions were performed lawfully under the belief of duty during the attempted arrest of a suspect believed to be armed, thereby invoking the protection of Section 69 of the Penal Code. The decision reaffirmed that public servants acting in good faith within the scope of their authority may be shielded from criminal liability for actions undertaken

REF: CA HCC/126/2022-2023 Category: Tag:
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