Rajapakshe Arachchilage Piyasena vs. Hon. Attorney General – CA/HCC/33/23-2024

In the case between Rajapakshe Arachchilage Piyasena alias Morpana (Appellant) and the Hon. Attorney General, Attorney General Department, Colombo 12 (Respondent), the court addressed the issue of whether the appellant’s conviction for rape of a girl under 16 should be set aside due to evidentiary inconsistencies and misapplication of the burden of proof. It was held that the conviction and sentence must be set aside, reaffirming the principle that the prosecution bears the burden of proving the case beyond reasonable doubt and the accused is not required to prove innocence. This decision relied on established precedents regarding the limited re-evaluation powers of appellate courts and emphasized the criticality of proper burden of proof allocation. The impact of the decision underscores