The Director General, Commission to Investigate Allegations of Bribery or Corruption (CIABOC) vs. Delwakkada Liyanage Chandrapala and others – CA CPA 106/2024-2025
In the matter between the Director-General, Commission to Investigate Allegations of Bribery or Corruption (Complainant-Petitioner) and Delwakkada Liyanage Chandrapala and Vimalasena Rubasinghe (Accused-Respondents), the court addressed the issue of double jeopardy and the import of Section 314 of the Code of Criminal Procedure Act concerning prior acquittals. The court held that an acquittal resulting from a withdrawal of a case before a full evidentiary proceeding does not constitute a “trial” for the purposes of Section 314, and therefore, does not bar subsequent indictment for the same charges. This decision reaffirmed the principle that the protection against double jeopardy requires a prior opportunity for both parties to present evidence. This decision relied on the Supreme Court’s

