Gusthinggna Waduge Somasiri vs. Hon. Attorney General – SC APPEAL 79/2009-2014

In the case between Gusthinggna Waduge Somasiri (Accused-Appellant-Petitioner) and the Attorney General’s Department (Respondent), the court addressed the validity of a conviction for rape, focusing on the judicial evaluation of an unsworn dock statement and the application of legal provisos in criminal proceedings. It was held that, despite the trial judge’s misdirection concerning the evidential value of the accused’s dock statement, the conviction remained valid as it was supported by overwhelming and credible evidence. The decision reaffirmed the principle that procedural errors, specifically in directing on an unsworn dock statement, do not necessarily vitiate a conviction if the entirety of the evidence establishes guilt beyond reasonable doubt. The court based its reasoning on secti