RAJANIKANTH AND OTHERS

Vs.

ATTORNEY GENERAL

COURT OF APPEAL
WIJESUNDERA, J.
WENGAPPULI, J.
CA/145-148/2016
HC/JAFFNA/1906/15
OCTOBER 26, 2018

Penal Code, sections 357, 364(2)(g)-Gang rape-Non-compliance with sections 150, 151 and 152 read with section 199(3) of the Code of Criminal Procedure Act, No. 15 of 1979-Statements recorded at the preliminary inquiry before the Magistrate's Court-Prejudice and failure of justice-Article 138 of the Constitution-Code of Criminal Procedure Act, sections 436, 456A

The appellants were convicted of gang rape under sections 357 and 364(2)(g) of the Penal Code and sentenced by the High Court. On appeal, the principal argument before the Court of Appeal was that non-compliance with the mandatory provisions of sections 150, 151 and 152 of the Code of Criminal Procedure Act, No. 15 of 1979, read with section 199(3), is fatal to the conviction.

Held:

1. Although section 199(3) of the Code of Criminal Procedure Act enacts that all statements of the accused recorded in the course of the inquiry in the Magistrate's Court shall be read in evidence before the case of the prosecution is closed in the High Court