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2025 Supreme(SRI)(CA) 246

IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
B. Sasi Mahendran, Amal Ranaraja, JJ
Daraniyagalage Chularathne – Appellant
Versus
Officer-in-Charge Police Station Matale and other – Respondent


Advocates:
Mohan Weeerakoon. PC with Sandamali Peiris Kodithuwakku for the Accused-
Appellant Akila Dalpatadu, SC for the Respondents

JUDGEMENT

B. Sasi Mahendran, J.

The Accused-Appellant (hereinafter referred to as "the Accused") was charged before the High Court of Mathale with committing the offence of Grave Sexual Abuse against a minor, Don Amith Dilshan Wanigasekara, on or around April 1, 2011. This offence is punishable under Section 365B (2)(b) of the Penal Code , as amended by Act No. 22 of 1995, Act No. 29 of 1998, and Act No. 16 of 2006.

During the trial, the prosecution presented evidence through four witnesses and submitted productions marked P1 to P2, following which the prosecution closed its case. Upon the conclusion of the prosecution's case, the Accused opted to make a dock statement in his defence.

Following the conclusion of the trial, the Learned High Court Judge, by judgment dated April 4, 2023, found the Accused guilty of the charge. Consequently, the Accused was sentenced to seven years of rigorous imprisonment and fined Rs. 5,000/-, with a default sentence of two months' simple imprisonment. Additionally, the Accused was ordered to pay compensation in the sum of Rs. 150,000/-, failing which he would serve a further term of twelve months' simple imprisonment.

Aggrieved by the aforementioned con

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