Rupassara Pedige Shamal Indunil Ruapassara vs Hon. Attorney General, – SC APPEAL 41/2016-2024

In the case between Officer-in-Charge, Kirindiwela Police Station and Attorney General (Plaintiff/Respondents) and Rupassara Pedige Shamal Indunil (Defendant/Accused-Appellant), the Supreme Court addressed the issue of the appellant’s challenge to his conviction under theft-related offences. The central question was whether a clerical error in the dating of a recorded statement (“පැ4”) undermined the validity of the evidence and the presumption of guilt. It was held that the minor typographical discrepancy in the date did not affect the overall findings, and the presumption of guilt under Section 114(a) of the Evidence Ordinance remained unrebuffed due to the appellant’s silence and failure to produce contrary evidence. The holding reaffirmed the principle that mere clerical errors in docu