Kiri Mahathtaya and Another vs. Attorney General – sllr 2020 volume 1 page 010

In the case between Kiri Mahathtaya and Another (Plaintiffs) and the Attorney General (Defendant), the court addressed whether the failure to read the indictment to the accused as prescribed by Section 196 of the Code of Criminal Procedure constituted a procedural defect warranting the quashing of the conviction. It was held that, despite the non-compliance with the formal requirement, the lapse did not amount to a failure of justice nor did it prejudice the accused’s substantial rights, as required by the proviso to Article 138(1) of the Constitution. The principle reaffirmed is that procedural irregularities alone, absent material prejudice or miscarriage of justice, do not vitiate otherwise valid convictions. Reliance was placed on statutory provisions and relevant judicial precedents,