Thiruganapillai Sivakumar v. Hon. Attorney-General – SC APPEAL NO. 39/2019-2019

In the case between Thiruganapillai Sivakumar (Accused-Appellant-Petitioner) and the Attorney-General (Complainant-Respondent), the court addressed whether the trial judge’s failure to accept or reject the accused’s evidence created reasonable doubt, particularly in light of conflicting witness identification. It was held that because the accused’s evidence—or contradictory testimony—generated reasonable doubt, an acquittal was mandated. The decision reaffirmed that convictions must be set aside when judicial indecision over the accused’s evidence, supported by conflicting testimony, precludes proof beyond reasonable doubt. Reliance was placed on legal principles established in cases such as Ariyadasa Vs Queen, Martin Singho Vs Queen, and Queen Vs Kularatne, emphasizing that where reasonab