IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in terms of 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 No: Democratic Socialist Republic of Sri Lanka CA/HCC/0244/16 COMPLAINANT Vs.

High Court of Panadura 1.Kulathunga Aarachchige Pushpakumara Case No: HC/2269/2006 Perera

2.Bomiriyage Lakshman Ranganath Gomez ACCUSED AND NOW BETWEEN

2. Bomiriyage Lakshman Ranganath Gomez ACCUSED-APPELLANT Vs.

The Attorney General, Attorney General’s Department, Colombo 12.

COMPLAINANT-RESPONDENT Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Tenny Fernando with Terin Marasinghe for the Accused-Appellant : Dileepa Pieris, S.D.S.G. for the Respondent Argued on : 12-06-2024 Written Submissions : 29-09-2017 (By the Accused-Appellants)

: 17-10-2018 (By the Respondent)

Decided on : 30-08-2024 Sampath B. Abayakoon, J.

This is an appeal by the 2nd accused-appellant (hereinafter referred to as the appellant) on the basis of being aggrieved of his conviction and sentence by the learned High Court Judge of Panadura.

The