AJITH
VS
ATTORNEY GENERAL

COURT OF APPEAL
SISIRA DE ABREW. J
UPALY ABEYRATNE. J
CA 212/2003
HC AMPARA 725/2002
JULY 28, 29, 30, 2009

Kidnapping - Rape - Victim reliable witness or not? - Court should seek corroborative evidence - If not reliable? - Opinion of medical experts -Court to act on the opinion of the independent medical expert?

Held:

(1) If the prosecutrix in a rape case is not a reliable or believable witness, the evidence seeking to corroborate her story cannot strengthen her evidence. Court should seek corroborative evidence only if the prosecutrix is a reliable witness.

Per Sisira de Abrew. J:

"Refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule is adding insult to injury".

(2) When opinions of medical experts are led in evidence and if one expert is not an independent witness, Court should act on the opinion of the independent medical expert and should not place reliance on the other expert.

APPEAL from the judgment of the High Court of Ampara.

Cases referred to:-

1. Sunil and another vs. Attorney General 1986 1 Sri LR 230

2. Gurcharan Singh vs. State of Haryane AIR (1972)