Munasinghe Arachchilage Muditha Dinesh Gunarathne vs The Hon. Attorney General – CA HCC 205/2017-2024
In the case between the Democratic Socialist Republic of Sri Lanka, represented by the Attorney General, and Munasinghe Arachchilage Muditha Dinesh Gunarathne, the issue concerned the proper application of Section 76 of the Penal Code regarding the status of an 11-year-old witness (PW-1) who suffered sexual abuse and the extent to which his testimony, absent corroboration, could be relied upon. The events stemmed from charges of murder by arson, with PW-1 being central to the prosecution. It was held that, given the age and vulnerability of PW-1, the requirement for corroboration did not arise and no procedural or investigative irregularities warranted intervention. The finding reaffirmed the principle that child witnesses subjected to coercion and abuse are not to be treated as accomplice

