Jayathilaka vs Attorney-General – sllr 2008 volume 2 page 117

In the case between Jayathilaka (Plaintiff) and the Attorney-General (Defendant), the court addressed the issue of whether an accused charged with rape under Penal Code Section 364(2)(e) can be convicted of grave sexual abuse under Section 365(b)(2) without being given a reasonable opportunity to defend the alternative charge. It was held that convicting the accused of a different offence, without proper notice or opportunity to meet the new charge, amounts to a breach of natural justice. The principle reaffirmed is that an accused has the right to be informed of, and defend against, any charge on which a conviction may be based. Reliance was placed on the relevant provisions of the Penal Code and the Criminal Procedure Code, emphasizing that Sections 176 and 177 of the Criminal Procedure