VISHAWANADAN AND OTHERS

VS.

ATTORNEY GENERAL

SUPREME COURT
DE ABREW, J.
DEHIDENIYA, J.
SURASENA, J.
SC/APPEAL/15/2018
SC/SPL/120/2017
CA/APPEAL/59/2011
HC RATHNAPURA 169/2017
JULY 30, 2020

Murder-Belated statement by witness-Alibi-Proof of alibi-Code of Criminal Procedure Act, proviso to section 334(1)-Non direction and misdirection in law and fact-No substantial miscarriage of justice-Sustainability of the judgment

The accused-appellants were charged with murder under section 296 of the Penal Code. The alleged eyewitness made a belated statement to the police. The defence taken was a plea of alibi. The High Court inter alia concluded that the defence was not proved and the accused were convicted of murder. On appeal, the Court of Appeal affirmed the conviction and the accused appealed to the Supreme Court.

Held :

1. A witness need not be disbelieved on the sole basis of having made a belated statement to the police if the delay can be explained.

2. When an alibi is pleaded by the accused, there is no burden on the accused to prove it. The burden is on the prosecution to establish the accused's presence at the scene of the offence. It