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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
P.Kumararatnam, Pradeep Hettiarachchi, JJ
BattaramullaGamage Don Nandana Padmasiri – Appellant
Versus
The Hon. Attorney General – Respondent
| Table of Content |
|---|
| 1. summary of charges and initial convictions. (Para 1 , 2 , 3) |
| 2. arguments focusing on evidential contradictions. (Para 4 , 5) |
| 3. details of victim's testimony and context. (Para 6 , 7) |
| 4. evaluation of contradictions and admissibility. (Para 8 , 20) |
| 5. affirmation of trial judge's findings and decision. (Para 27 , 32 , 35) |
JUDGMENT
1. The appellant was indicted by the Attorney General in the High Court of Colombo on two counts: (i) kidnapping an underage child from her lawful guardian, and (ii) committing grave sexual abuse on the said child. These offences are punishable under sections 354 and 365B(2)(b) of the Penal Code , as amended by Acts No. 22 of 1995, No. 29 of 1998, and No. 16 of 2006.
2. At the trial, 5 witnesses testified on behalf of the prosecution, whereas the appellant made a dock statement. At the conclusion of the trial, on 17.05.2024 the learned High Court Judge of convicted the accused-appellant (hereinafter referred to as the appellant) for the second charge set out in the indictment and sentenced the appellant for 8 years rigorous imprisonment. The appellant was also imposed a fine of Rs 15000.00 carrying a default sentence of 6 months simple impri
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