IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

In the matter of an Appeal in terms of Article 331(1) of the Code of Criminal Procedure Act No. 15 of 1979 read with Article 138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Hetti Arachchilage Sanjeewa Kumara Second Accused-Appellant Court of Appeal No: Vs.

CA/HCC/221/2016 The Hon. Attorney General High Court of Chilaw: Attorney General’s Department HC/200/05 Colombo 12 Respondent Before : Menaka Wijesundera J.

K.M.G.H Kulatunga J.

Counsel : Tenny Fernando for the Accused-Appellant.

Dishna Warnakula, DSG for the State.

Argued on : 16.10.2024 Decided on : 28.11.2024 MENAKA WIJESUNDERA J.

The instant appeal has been filed to set aside the judgement dated, 12.10.2016 of the High Court of Chilaw.

The accused appellant has been indicted under section 383, two charges under section 296, and in the alternative section 394 of the Penal Code.

The accused-appellant hereinafter referred to as the appellant has pleaded not guilty and the trial has proceeded against him. Thereafter, upon the conclusion of the trial the learned High Court Judge has said that it can be presumed that the appellant has comm