2025 Supreme(SRI)(CA) 437
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal made under Section 331 of the Code of Criminal Procedure Act No.15 of 1979 Court of Appeal Case No. 1. Galle Hettiarachchige Anil Jayantha CA/HCC/ 0018-019/2020 2. Ranasinghe Mudiyanselage Arawe High Court of Colombo Gedera Neil Kumara Case No. HCB/1939/2012 Accused-Appellants Vs.
The Director General Commission to Investigate Allegations of Bribery or Corruption No.36, Malalasekera Mawatha, Colomb0-07.
Complainant-Respondent BEFORE : P. Kumararatnam, J.
Pradeep Hettiarachchi, J.
COUNSEL : Saliya Peiris, PC with Geeth Karunaratne and Dhimansha Marso for the 1st Appellant.
Kavindu D. Indatissa for the 2nd Appellant. Janaka Bandara, DSG for the Respondent. ARGUED ON : 24/09/2025 DECIDED ON : 03/11/2025 *********************
JUDGMENT
The above-named Accused-Appellants (hereinafter referred to as the Appellants) were indicted by the Director General of the Bribery Commission in the High Court of Colombo.
Count 01 on the indictment was against the 1st Appellant, that between the 11th and 12th of June 2012, he being a police officer, a public official employed for the detection, prosecution and punishment of offenders solicited an illegal gratification of Rs.10,000/- from one Wickramasinghe Siriwardhana Piyapala for preventing, Rathnayake Mudiyanselage Leelasena a suspect introduced for having Elk meat in his possession being prosecuted, which is an offence punishable in terms of Section 16(b) of the Bribery Act.
Count 02 on the indictment was against the 1st Appellant for soliciting an illegal gratification of Rs.10,000/- from the said Wickramasinghe Siriwardhana Piyapala being a public servant and offence punishable in terms of Section 19(c) of the Bribery Act.
Count 03 in the indictment was against the 1st Appellant for accepting an illegal gratification of Rs.5,000/- from the said Wickramasinghe Siriwardhana Piyapala for the purpose set out in Count 01, an offence punishable in terms of Section 16(b) of the Bribery Act.
Count 04 on the indictment was against the 1st Appellant for accepting an illegal gratification of Rs.5,000/- from the said Wickramasinghe Siriwardhana Piyapala being a public servant and offence punishable in terms of Section 19(c) of the Bribery Act.
Count 05 on the indictment was against the 2nd Appellant for abetting the 1st Appellant to commit the offence set out in Count 01 of the indictment, an offence punishable in terms of Section 16(b) read with Section 25(2) of the Bribery Act.
Count 06 on the indictment was against the 2nd Appellant for abetting the 1st Appellant to commit the offence set out in Count 02 of the indictment, an offence punishable in terms of Section 19(c) read with Section 25(2) of the Bribery Act.
Count 07 on the indictment was against the 2nd Appellant, that on the 19th August 2009, he being a police officer, a public official employed for the detection, prosecution and punishment of offenders accepting an illegal gratification of Rs.5,000/- from one Wickramasinghe Siriwardhana Piyapala, for preventing Rathnayake Mudiyanselage Leelasena a suspect introduced for having Elk meat in his possession being prosecuted, which is an offence punishable in terms of Section 16(b) of the Bribery Act.
Count 08 in the indictment was against the 2nd Appellant for accepting an illegal gratification of Rs.5,000/- from the said Wickramasinghe Siriwardhana Piyapala, for the purpose set out in Count 01, an offence punishable in terms of Section 19(c) of the Bribery Act.
After the trial, the Appellants were found guilty for their respective counts and the learned Judge of the High Court of Colombo has imposed the following sentences on the Appellants by his judgment dated 24/10/2019.
For the 1st Count the 1st Appellant was sentenced to 07 years rigorous imprisonment with a fine of Rs.5,000/- subject to a default sentence of 01 months simple imprisonment.
For the 2nd Count the 1st Appellant was sentenced to 07 years rigorous imprisonment with a fine of Rs.5,000/- subject to a default sentence of 01 months simple imprisonment.
For the 3rd Count the 1st Appellant was sentenced to 07 years rigorous imprisonment with a fine of Rs.5,000/- subject to a default sentence of 01 months simple imprisonment.
For the 4th Count the 1st Appellant was sentenced to 07 years rigorous imprisonment with a fine of Rs.5,000/- subject to a default sentence of 01 months simple imprisonment.
The Court further ordered the jail sentences imposed on Counts 1-4 against the 1st Appellant to run consecutive to each other.
For the 5th Count the 2nd Appellant was sentenced to 07 years rigorous imprisonment with a fine of Rs.5,000/- subject to a default sentence of 01 months simple imprisonment.
For the 6th Count the 2nd Appellant was sentenced to 07 years rigorous imprisonm