WIJAYARATHNA VS. ATTORNEY GENERAL

WIJAYARATHNA VS. ATTORNEY GENERAL

COURT OF APPEAL
RANJIT SILVA, J.
SISIRA DE ABREW, J.
CA PHC APN 246/2004
HC COLOMBO 876/97
NOVEMBER 28,2007

Penal Code - Section 403 - Cheating - Section 403 -Tried in absentia - Has the accused a right of appeal? Could he also move by way of revision? Criminal Procedure Code Section 241, of contumacious conduct? Decision made without jurisdiction Nullity?

The petitioner was indicted in the High Court on Go indictment on counts of cheating. He was tried in absentia. Evidence was led in only one case, and in the other case, without leading evidence, but by adopting the evidence in the earlier case the High Court convicted the petitioner - on the basis that the witnesses were the same in both cases. The petitioner appealed against the judgment and also moved id revision. The petitioner succeeded - in one appeal and the application revision was withdrawn and a retiral ordered. The other appeal was dismissed on technical grounds. The petitioner sought to challenge the conviction and sentence by way of revision.

Held

(1) Even an accused who had absconded during the trial has a right of appeal.

(2)

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