Pradeep Hettiarachchi. J.

Judgment

1. This is an appeal against the judgment and sentence of the learned High Court Judge of Balapitiya, by which the accused-appellant (hereinafter referred to as the “Appellant”) was convicted and sentenced for offences punishable under Sections 354 and 364(2)(e) read with Section 364(2) of the Penal Code.

2. In the petition of appeal there were ten grounds of appeal but during the argument, the appellant urged only five grounds namely:

a. The prosecution has not proved the charges of rape and kidnapping from lawful guardianship beyond reasonable doubt;

b. The prosecution has failed to explain the delay in making the complaint and the vagueness of the period in the indictment;

c. The main prosecution witnesses’ testimonies consist of inter se and per se contradictions and therefore they have failed the test of credibility’

d. The learned High Court Judge has not considered the accused’s dock statement; and, e. The learned trial Judge has rejected the defense evidence on unreasonable grounds and not given the benefit of the doubt to the accused.

Background to the appeal:

3. The appellant is married to the prosecutrix’s sister. According to the prosecutrix’s