Jayatissa vs Hon Attorney General – sllr 2010 volume 1 page 279

In the case between Jayatissa (Plaintiff) and The Hon. Attorney General (Defendant), the court addressed the proper application and interpretation of the Evidence Ordinance, specifically Section 11 and Section 105, concerning whether the burden of proving an alibi defence rests on the accused. The determination established that the trial judge had incorrectly assumed the burden of proof for alibi was on the defence. However, after reviewing the alibi evidence alongside the prosecution’s case, it was found that the result would have remained the same—conviction of the appellant. The principle reaffirmed that alibi evidence must be considered together with the prosecution evidence and should not be subject to a separate evidentiary burden. Reference was made to established legal standards un