UDAYA KUMARA & THREE OTHERS

UDAYA KUMARA & THREE OTHERS
VS.
 ATTORNEY GENERAL

COURT OF APPEAL
H.N.J. PERERA, J.
CA 215-218/2013
HC KEGALLE CASE NO. 2339/2006
DECEMBER 04, 2014

Penal Code Section 32 - Section 44(A), Section 380, Section 383 - Committing Robbery using fire arms - Identification faulty? -Legality of the Identification Parade - Identification is a question of fact - Evidence Ordinance - Section 25, Section 26 - Reliability and trustworthiness of Police Officers conduct?

The four Accused - Appellants were indicted for committing the robbery of a tipper using firearms and sentenced. The identification in the parade was the only evidence to convict the Accused - Appellants for the charge of robbery.

Held:

If a person witnessed committing a crime by an unknown person, the only way for the law enforcement authorities to justify the identification of the offender is to get them identified by the witness in an identification parade.

Per Jayathilake, J

"If there is no question regarding the legality of an identification parade of the above kind the identification made in the parade itself shall be sufficient evidence with regard to the identification of the offe

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