Samasundara Mohotti Arachchige Nimal alias Kaluwa vs The Attorney General – SC APPEAL NO. 60/2013-2023

The case between the Attorney General of the Democratic Socialist Republic of Sri Lanka and the 4th accused, Samasundara Mohotti Arachchige Nimal alias Kaluwa, addressed the discrepancies in the evidentiary basis for identification under charges including conspiracy to commit attempted murder, unlawful assembly, robbery, trespass, and other offenses. It was determined that the reliance on a sole eyewitness identification, a Section 27 statement, and the recovery of a revolver did not independently establish the identity of the accused beyond reasonable doubt. The findings established that the differential treatment applied to the 3rd and 4th accused created a grave disparity, necessitating the setting aside of the conviction and sentence imposed on the 4th accused.

P. Padman Surasena, J