Saman Kumara v. Republic Of Sri Lanka – sllr 2009 volume 1 page 018

In the case between Saman Kumara and the Republic of Sri Lanka, the court addressed the issue of whether a prosecutrix, being the wife of the accused, is a competent witness to give evidence against him in a rape case under Section 120(3) of the Evidence Ordinance. The court held that the prosecutrix was not a competent witness since the marriage had not been declared void by the District Court, and it was further determined that the sexual intercourse was consensual. The principle reaffirmed was that a wife cannot be compelled to testify against her husband in such circumstances unless specific legal conditions, such as a void declaration, are satisfied. Reliance was placed on the proper construction of Sections 120(2) and 120(3) of the Evidence Ordinance, emphasizing that convictions bas