Muthukuda Wijesuriya Arachchige Jayantha Nishantha Wijesuriya vs Attorney General – CA HCC 231/2014 -2023

In the case between the Attorney General (Complainant/Respondent) and Muthukuda Wijesuriya Arachchige Jayantha and Nishantha Wijesuriya (Accused/Appellant), the court addressed the issue of whether the prosecution proved the charges of forgery and criminal conspiracy beyond a reasonable doubt, focusing particularly on the 2nd Accused. It was held that the evidence presented, including witness testimonies and forensic examination of signatures pertaining to allegedly forged property transfer documents, was insufficient to establish the accused’s knowledge and participation in the fabrication and conspiracy. The court reaffirmed the principle that proof of criminal conspiracy and forgery must be established by clear and cogent evidence, referencing Sections 453, 454, and 456 of the Penal Cod