Sumanadasage Sandun Hemantha vs. The Hon. Attorney General – CA/HCC/135/2015-2024

In the case between Sumanadasage Sandun Hemantha (Accused-Appellant) and The Hon. Attorney General (Respondent), the court addressed the issues of whether the indictment was defective for failing to specify a precise date of the alleged offence and whether the prosecution’s evidence regarding the timing of the offence was sufficient. It was held that the failure to clearly prove the offence within the specified period, coupled with uncertain and conflicting testimonial evidence as to the dates, affected the accused’s ability to prepare a defence. The principle reaffirmed is that statutory and evidential standards require reliable and clear particulars in charge sheets, and substantial discrepancies are grounds for setting aside convictions. This decision relied on the interpretation of Sec

REF: CA/HCC/135/2015-2024 Category: Tag:
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