VlRAJ PERERA VS. ATTORNEY GENERAL

VlRAJ PERERA VS. ATTORNEY GENERAL

COURT OF APPEAL
SISIRA DE ABREW, J.
ABEYRATNE, J.
CA 155/2004
HC COLOMBO 1947
SEPTEMBER 1,2,3,8,2009

Penal Code - Section 356 - Section 359 - Evidence of witness rejected on a certain point - Can his evidence be accepted to establish another point? - Falsus in uno - Falsus in Omnibus - Delay in making statement? Admissibility- Ingredients to prove a charge under Section 359? Abduction by Police?

The 1st - 6th accused were charged for abducting three persons with intention of secretly and wrongfully confining them (Section 356), the 7th accused - appellant the OIC of the Police Station was charged for wrongfully keeping in confinement the said persons (Section 359). The 7th accused was convicted of the offences leveled against him. The High court held that the three persons were detained at the Police Station but did not fall into the category of arrested persons - but abducted persons. In appeal it was contended that once the evidence of a witness was rejected on a certain point his evidence cannot be accepted to establish another point and that the evidence of witness 'J' should not be accepte

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