DHARMAPALA

VS.

OFFICER-IN-CHARGE, COLOMBO SPECIAL CRIMES DIVISION

SUPREME COURT
JAYAWARDENA, J.
AMARASEKARA, J.
KODAGODA, J.
SC/APPEAL/155/2014
HC/APPEAL/MCA/106/08
MC MALIGAKANDA 22070/05
JUNE 25, 2020

Intellectual Property rights-Criminal prosecution-Intellectual Property Act, No. 36 of 2003, sections 5, 6, 9, 10, 11, 12, 13, 16, 17, 21, 178(2)- Penal Code, section 24-Code of Criminal Procedure Act, No. 15 of 1979, sections 16, 136-lntegrity of productions-Burden of proof-Real evidence-Copyright-Economic rights-Moral rights-Presumption of innocence-Beyond reasonable doubt-Cross examination-Evidence Ordinance, sections 3, 60, 106, 114(f), 150, 151, 152, 165-Evidence (Special Provisions) Act, No. 14 of 1995

The accused-appellant was charged in the Magistrate's Court under section 178(2) of the Intellectual Property Act, No. 36 of 2003, for exhibiting for sale, giving on rent and possessing for trading purposes unlawfully prepared copies of a record named "Galana Gangaki Jeewithe" containing songs owned/sung/composed (lyrics/music) by Sunit Ariyaratne, Nanda Malini and Raveendra Mahagamasekera. After trial, he was found guilty of all three charges and s