Judgment

1. This appeal arises from the Judgment dated 31.10.2022, delivered by the learned High Court Judge of Hambantota, by which the appellant was convicted of the offence of murder under Section 296 of the Penal Code and sentenced to death.

2. The Accused–Appellant (hereinafter referred to as “the Appellant”) was indicted for committing the murder of T.B. Jeewani Samanmalee, a 12-year-old girl, by stabbing her at her residence. The prosecution case rested entirely on circumstantial evidence.

The grounds of appeal advanced by the Appellant are as follows:

a. The learned High Court Judge has failed to consider that the items of circumstantial evidence surrounding the case are wholly inadequate to prove the case of the prosecution against the Appellant beyond reasonable doubt;

b. The learned High Court Judge has failed to consider the failure of the prosecution to rule out the possibility of a third party committing the crime;

c. The learned High Court Judge has failed to consider the inherent improbable nature of the prosecution case;

d. The learned High Court Judge has failed to consider that the Appellant was denied the right to a fair trial by not permitting the defense to mark and