Upul De Silva v. Attorney General – sllr 1999 volume 2 page 324

In the case between Upul De Silva (appellant) and the Attorney-General (respondent), the court considered whether, on an appeal under section 335(2)(a) of the Code of Criminal Procedure, a retrial could be ordered strictly in relation to the offence for which conviction was entered, when confusion arose regarding cognate offences. It was determined that the trial court’s conviction for criminal misappropriation, following an acquittal for criminal breach of trust and forgery, was not legally sustainable due to the distinct nature of the offences and procedural deficiencies. The court held that the retrial could only be ordered on the offence of conviction, and since such conviction was invalid, the accused should be acquitted. This principle relied on statutory interpretation of section 33