KULATUNGE AND ANOTHER

Vs.

COMMISSION TO INVESTIGATE ALLEGATIONS OF BRIBERY OR CORRUPTION AND ANOTHER

COURT OF APPEAL
KARUNARATHNA, J.
GURUSINGHE, J.
CA/HCC/APPEAL/419/2018
HCB COLOMBO 1971/2013
OCTOBER 6, 2021

Code of Criminal Procedure Act, No. 15 of 1979, section 449(1)-Perjury in open court-Ingredients of the offence-Standard of proof

The appellant was the second defence witness in a bribery case heard before the High Court. She was convicted and sentenced to one year's

rigorous imprisonment for perjury under section 449(1) of the Code of Criminal Procedure Act. The appellant appealed to the Court of Appeal.

Held:

1. The proceedings and punishment under section 449(1) of the Code of Criminal Procedure Act for perjury requires a high degree of proof that the witness has deliberately given false evidence to mislead the court; it should not be applied in instances where the court should only disregard the witness' evidence as untrue.

2. In this case, the High Court judge disbelieved the evidence of the appellant. Her evidence does not meet the higher degree of deliberate falsehood amounting to perjury.

Cases referred to:

1. Attorney Gener