SIRIWEERA AND ANOTHER

Vs.

OFFICER-IN-CHARGE, SPECIAL CRIMES DIVISION, TANGALLE POLICE AND ANOTHER

COURT OF APPEAL
WICKREMASINGHE, J.
J. DE SILVA, J.
CA/PHC/51/2013
HC HAMBANTHOTA 19/2010/RE MC WALASMULIA 10076/9
JANUARY 11, 2019

Criminal law-Penal Code, sections 454, 457, 459-Code of Criminal Procedure Act, sections 115, 456-Time bar

The virtual complainant made a complaint to the police on 03.10.2008 about a forged deed executed on 08.04.1989. The police filed three charges against the appellants on 12.10.2009.At the trial, the appellants raised a preliminary objection that the charges against them are time- barred in terms of section 456 of the Criminal Procedure Code, as the charges were framed twenty years after the alleged offence. The

Magistrate's Court overruled the objection and the High Court affirmed it. The appellants appealed to the Court of Appeal.

Held:

1. In interpreting section 456 of the Code of Criminal Procedure two issues arise: what is meant by the right of prosecution and what is the time when the crime or offence was committed?

2. The right of prosecution must be taken to mean the right to commence the prosecu