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. Wadduwage Ruwan Indrajith CA/HCC/ 0327/2019 2. Koswatte Ralalage Lalith Premalal Samaraweera High Court of Colombo 3. Colambage Lakshman alias Sampath Case No. HCB/2086/2015 Accused-Appellants Vs.

The Director General Commission to Investigate Allegations of Bribery or Corruption No.36, Malalasekera Mawatha, Colomb0-07.

Complainant-Respondent BEFORE : Sampath B. Abayakoon, J P. Kumararatnam, J COUNSEL : Palitha Fernando, P.C. for the

1^st Appellant.

S.Jayawardena, PC with L.Warusavithana for the 2^nd Appellant.

N.Jayasinghe with Imangsi Senarath and Randunu Heellage for the 3rd Appellant.

Sudharshana De Silva, SDSG for the Respondent.

ARGUED ON : 08/12/2023 DECIDED ON : 03/05/2024 *******************

JUDGMENT

P. Kumararatnam, J.

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 1^st Appellant, that between the 11^th and 12^th of June 2012, he being an excise Officer, a public officer employed for the detection, prosecution and punishment of offenders solicited an illegal gratification of Rs.50,000/- from one Rohitha Pushpakumara for protecting Wellambage Sudharsini Nilanthi Perera a suspect arrested for having Heroin a Narcotic drug in her possession from being prosecuted before the High Court, which is an offence punishable in terms of Section 16(b) of the Bribery Act.

Count 02 on the indictment was against the 1^st Appellant for soliciting an illegal gratification of Rs.50,000/- from the said Rohitha Pushpakumara 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 1^st Appellant for accepting an illegal gratification of Rs.50,000/- from the said Rohitha Pushpakumara 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 1^st Appellant for accepting an illegal gratification of Rs.50,000/- from the said Rohitha Pushpakumara 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 2^nd Appellant for abetting the 1^st 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 2^nd 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 3^rd Appellant for abetting the 1^st Appellant to commit the offence set out in Count 03 of the indictment, an offence punishable in terms of Section 16(c) read with Section 25(2) of the Bribery Act.

Count 08 on the indictment was against the 3^rd Appellant for abetting the 1^st Appellant to commit the offence set out in Count 04 of the indictment, an offence punishable in terms of Section 19(c) read with Section 25(2) 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 1^st Count the 1^st Appellant was sentenced to 05 years rigorous imprisonment with a fine of Rs.5,000/- subject to a default sentence of 01 months simple imprisonment.

For the 2^nd Count the 1^st Appellant was sentenced to 05 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 05 years rigorous imprisonment with a fine of Rs.5,000/-