Welliden Sunendra Kumar alias Short vs. Hon. Attorney General – CA HCC 215/2020-2024

In the case between the Attorney General (representing the State) and Welliden Sunendra Kumar alias Short, the court examined whether the trial judge improperly placed an evidentiary burden on the accused-appellant in charges of narcotics trafficking and possession, and whether discrepancies in police testimony undermined the prosecution’s case. It was held that inconsistent and unreliable witness statements, especially those concerning the description of the narcotic parcel, failed to meet the standard of proof beyond reasonable doubt. The principle reaffirmed requires that the prosecution’s case be carefully scrutinized, with the “Test of Probability” applied to testimonial inconsistencies. The appeal resulted in the acquittal of the accused-appellant, reinforcing the obligation to disch