Sampath B. Abayakoon, J.

This is an application by the accused-appellant-petitioner (hereinafter referred to as the petitioner) seeking to invoke the revisionary jurisdiction of this Court granted in terms of Article 138 of The Constitution.

By this application, the petitioner is seeking to set aside the judgement pronounced by the learned Provincial High Court Judge of the North Western Province Holden in Chilaw, in case No-HCA/02/2022.

This is a judgement pronounced after hearing an appeal preferred before the High Court in terms of Article 154P of the Constitution, challenging the conviction and the sentence of the petitioner pronounced by the learned Magistrate of Chilaw.

The petitioner has been charged before the Magistrate’s Court of Chilaw for committing four offences relating to a foreign job transaction.

The 1st count had been under the Penal Code where the petitioner has been charged for cheating, punishable in terms of section 403 of the Penal Code.

The 2nd count had been in terms of the Sri Lanka Bureau of Foreign Employment Act as amended for cheating Rs. 200,000/- from one Mohamed Fasoor, and thereby committing an offence punishable in terms of section 13 of the said Act. The 3rd count had been to the effect that at the same transaction, she committed the criminal breach of trust, an offence punishable in terms of section 389 of the Penal Code.

The 4th count had been that the petitioner, at the same time and at the same transaction, had committed criminal misappropriation, punishable in terms of section 386 of the Penal Code.

After trial, the learned Magistrate of Chilaw by the judgement dated 08-03-2021 has found the petitioner guilty for the 1st, 3rd and 4th counts preferred against her and she had been acquitted on the 2nd count, namely, the count under which the petitioner was charged in terms of the Sri Lanka Bureau of Foreign Employment Act.

After having considered the mitigatory circumstances urged on behalf of the petitioner, the learned Magistrate has sentenced her in the following manner.

On count 1, Rs. 1,500/- fine, and in default, 1 month simple imprisonment. In addition, she has been sentenced to 1-year simple imprisonment, which has been suspended for a period of 5 years.

On count 3 and 4, the petitioner has been sentenced for Rs. 1,500/- each fine, and in default, she has been ordered to serve one month each simple imprisonment.

In addition to the above, the learned Magistrate, acting in terms of section 17 of the Code of Criminal Procedure Act, and in terms of Assistance To and Protection of Victims of Crime and Witnesses Act No. 10 of 2023, has ordered the petitioner to pay Rs. 200,000/- as compensation to PW-01, and in default, to serve 3 months simple imprisonment.

It is against this conviction and the sentence; the petitioner has preferred this appeal to the Provincial High Court of the North Western Province Holden in Chilaw.

After hearing the appeal, the learned Provincial High Court Judge of the North Western Province Holden in Chilaw, of the judgement dated 09-08-2023, has partly allowed the appeal. It has been determined that the petitioner should stand acquitted of the 1st and the 3rd counts preferred against her as well.

However, the learned High Court Judge has affirmed the conviction of her for the

4th count, namely, the count relating to criminal misappropriation.

After having determined as such, the learned High Court Judge has decided to vary and enhance the sentence that has been imposed by the learned Magistrate of Chilaw on the 4th count preferred against the petitioner.

Accordingly, a sentence of 6 months rigorous imprisonment together with a fine of Rs. 1500/- has been imposed with a default sentence of one month imprisonment. It has also been ordered that the petitioner should pay Rs. 200,000/- to PW-01 as compensation, and in default, she should serve a sentence of 3 months simple imprisonment.

It is against this judgement; the petitioner has now preferred this revision application before thi