IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal made under Section 331(1) of the Code of Criminal Procedure Act No.15 of 1979 read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No. Desakara Mudiyanselage Dissanayake CA/HCC/ 0046/2020 alias Gamini alias Podde High Court of Ratnapura Case No. HCR/235/2017 ACCUSED-APPELLANT Vs.

The Hon. Attorney General Attorney General’s Department Colombo-12 COMPLAINANT-RESPONDENT BEFORE : Sampath B. Abayakoon, J.

P.Kumararatnam,J.

COUNSEL : Sanjaya Senevirathne for the Appellant.

Jayalakshi De Silva, SSC for the Respondent.

ARGUED ON : 15/02/2024 DECIDED ON : 20/06/2024 *******************

JUDGMENT

P. Kumararatnam, J.

The above-named Appellant was indicted by the Attorney General under Section 365 B (2) (b) of the Penal Code as amended by Act No. 22 of 1995 for committing the offence of Grave Sexual Abuse on Kankanam Thotapalle Palihawadana Ralalage Prarthana Sithumini on 03/03/2009.

The trial commenced on 07/01/2019. After leading all necessary witnesses and marking productions, the prosecution had closed the case. The learned High Court Judge