IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of section 331 of the Code of Criminal Procedure Act No. 15 of 1979.

Court of Appeal Case No: Democratic Socialist Republic of Sri Lanka CA/HCC/0170/2019 COMPLAINANT Vs.

High Court of Colombo Amukotuwe Gedara Kamal Nishantha Alias Case No: HC/7787/2015 Mahaththaya ACCUSED AND NOW BETWEEN Amukotuwe Gedara Kamal Nishantha Alias Mahaththaya ACCUSED-APPELLANT Vs.

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

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

: P. Kumararatnam, J.

Counsel : Neranjan Jayasinghe with Randunu Heellage for the Accused-Appellant : Sudharshana De Silva, S.D.S.G. for the Respondent Argued on : 27-06-2024 Written Submissions : 18-03-2021 (By the Complainant-Respondent)

: 18-05-2020 (By the Accused-Appellant)

Decided on : 11-09-2024 Sampath B. Abayakoon, J.

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

The appellant was indicted before the High Court of Colombo f