ROSHAN VS. THE ATTORNEY GENERAL

ROSHAN VS. THE ATTORNEY GENERAL

COURT OF APPEAL
ROHINI MARASINGHE.J
SARATH DE ABREW.J
CA 120/2004
HC GAMPAHA 46/2004
MARCH 2, 17,2009
JULY 9, 17,2009

Penal Code- Section 300, Section 383 -Identification -Delay in holding - Unlawful detention in Police custody? - Evidence Ordinance Section 27, Section 54, Section 114(d) - Dock etatement : Evaluation - Can a conviction be sustained under a section which does not create an offence - Best Evidence Rule- Constitution Article 13 (3)

The accused-appellant was indicted under Section 300, Section 383, Penal Code - after trial without a jury was convicted on both grounds.

In appeal it was contended that there was an improper constitution of the Identification Parade and long delay in holding the parade, that the Doctor who attended on the injuries of the complainant was not called that, the conviction cannot be sustained under a section which does not create an offence and that there was improper evaluation of the dock statement and the improper admission of inadmissible evidence with regard to bad character.

Held:

(1) The parade has been held belatedly 50 days after the event. Court has

Click Here to Read the rest of this document