SL SC | Mandatory for the Judge to analyse evidence to find if the ingredients are proved beyond doubt; SC allows the appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: L.T.B. Dehideniya, J., S. Thurairaja, PC, J. and E.A.G.R. Amarasekara, J., allowed an appeal concerning an order against the Provincial High Court of Balapitiya.

The Accused – Appellant was charged before the Magistrate Court on two counts punishable under Section 400 and 386 of the Penal Code respectively for committing the offences of cheating and misappropriation of the sum of Rs 80,000. The Magistrate found the Accused-Appellant guilty on first and second counts and imposed Rs 5000 fine in-default 2 months Rigorous Imprisonment and 2 years Rigorous Imprisonment for the first count and 2 years rigorous imprisonment for the second count. The High Court Judges hearing the arguments found that, the Accused-Appellant not guilty on the 2nd count and acquitted him. Being dissatisfied with the order of the High Court Judge the Accused- Appellant preferred this appeal to the Supreme Court.

The Court while allowing the appeal explained that it was mandatory for the Judge to analyse the entire evidence before the Court and to find whether the ingredients are proved beyond a reasonable doubt. But, in this case, neither the Magistrate nor the High Court Judge had followed the basic evaluation of facts and standard of proof. It is also noted that both the Magistrate and High Court Judge had not properly analyzed the dock statement, thus there was no case proved against the accused-appellant beyond reasonable doubt hence finding the sentence bad in law. [Meegastennage Prince Gunawardena v. Attorney General of the Democratic Socialist Republic of Sri Lanka, SC Appeal No. 42 of 2014, decided on 07-11-2019]

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