RATHNAPALA

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
P. FERNANDO, J. (P/CA)
ABAYAKOON, J.
CA/HCC/162/2019
HC ANURADHAPURA 89/2012
OCTOBER 4, 2021

Criminal law-Kidnapping and murder-Penal Code, sections 296, 354-Admissibility of evidence obtained illegally-Prejudicial effect versus probative value-Circumstantial evidence

The accused was indicted for the kidnapping and murder of a child. The prosecution relied on circumstantial evidence. The body of the child was alleged to have been recovered upon the accused's statement made to the police and the prosecution led the said evidence under section 27 of the Evidence Ordinance. After trial, the accused was convicted and sentenced to death by the High Court. The accused appealed to the Court of Appeal where he contended that he was severely assaulted and kept at the police station for five days and that the section 27 recovery was false and should not be relied upon. The prosecution submitted that

although there was an issue about the date of arrest, the evidence as to the recovery of the body of the deceased in terms of section 27 of the Evidence Ordinance should be taken into consideration.

Held:

1. It is