DULIP AND OTHERS

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
KARUNARATHNA, J.
GURUSINGHE, J.
CA/HCC/31-34/2018
HC/AMPARA/1790/17
MC/DEHI/NS/7411
JULY 20, 2021

Criminal law-Gang rape-Penal Code, sections 32, 357, 362(2), 364(g), 380-Evidence Ordinance, section 25(1)-Code of Criminal Procedure Act, No. 15 of 1979, section 110(3)-Contradictions-Confession-Misdirection and non-direction of the jury

The four accused were charged with inter alia rape. Only the 1st accused was alleged to have committed rape on the prosecutrix. She complained to the police about the rape five months after the alleged incident when her boyfriend stated that he could not marry her. At the trial, the 1st accused gave evidence and he was extensively cross-examined on

the statement alleged to have been made by him to the police and contradictions were marked. The High Court Judge neither objected to such evidence being led nor directed the jury to disregard such evidence as inadmissible. There was no direction to the jury on the ingredients of gang rape. All four accused were convicted by the High Court. The accused appealed to the Court of Appeal.

Held:

1. Section 25(1) of th