KELUM AND OTHERS

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
KARUNARATHNA, J.
GURUSINGHE, J.
CA/HCC/219-222/2014
HC COLOMBO 6929/13
JULY 28, 2021

Criminal law-Penal Code, sections 32, 138, 364-Evidence Ordinance, sections 134, 145, 157-Murder-Gang rape-Unlawful assembly Common intention-Identification of the accused-Identification parade notes-Marking contradictions-Omissions-Purpose of sentence

Five accused were indicted in the High Court inter alia for unlawful assembly, murder, attempted murder and gang rape- offences punishable under sections 140, 146, 300, 317, 383, 410, 345, 364(2)(g) and 296 of the Penal Code. After trial, the 5th accused was acquitted and the others were convicted of the offences except for murder and sentenced to jail. Although the 1st to 4th accused appealed against the convictions to the Court of Appeal, only the 2nd accused pursued his appeal.

The main arguments before the Court of Appeal were: failure to consider the dock statement and the evidence of the main eye-witness properly; misinterpretation of sections 32, 140 and 146 of the Penal Code.

Held:

1. Although the main eyewitness failed to identify the 2nd accus