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.

The Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

CA/HCC/0041/2022 Complainant High Court of Gampaha Case No. HC/115/2017 Vs.

Dandeniya Arachchige Priyantha.

Accused AND NOW BETWEEN Dandeniya Arachchige Priyantha.

Accused-Appellant Vs.

Hon. Attorney – General, Attorney General’s Department, Colombo 12. Respondent BEFORE : MENAKA WIJESUNDERA, J WICKUM A. KALUARACHCHI, J COUNSEL : Senarath Jayasundera with Chathurangi Wedage and Rehani Chandrasiri for the Accused-Appellant.

Jayalakshi De Silva, SSC for the Respondent.

ARGUED ON : 05.08.2024 DECIDED ON : 12.09.2024 WICKUM A. KALUARACHCHI, J.

The accused-appellant was indicted in the High Court of Gampaha for committing grave sexual abuse of a girl below the age of 16 years on or about 02^nd June 2013 by inserting his tongue to the female genitalia of the victim and thereby committing an offence punishable under section 365B(2)(b) of the Penal Code. After