Kumarasinghe v. The State – sllr 2001 volume 2 page 398

In The State v. Mervyn C. Kumarasinghe, the court considered whether an appellant, originally a prosecution witness, was properly convicted for giving false evidence under Section 449 of the Code of Criminal Procedure. The case addressed procedural safeguards when initiating contempt or perjury proceedings against a witness, focusing on whether a formal charge was accurately framed and communicated, whether adequate opportunity for defence (including legal counsel and preparatory time) was provided, and whether proper criminal procedure was otherwise observed. It was established that proceedings lacked fundamental fairness, notably due to the failure to frame the charge correctly and denial of legal rights under established statutes and precedents. The conviction and sentence were quashed,