MENAKA WIJESUNDERA J.

The instant appeal has been filed to set aside the judgment dated 06.08.2015 of the High Court of Trincomalee.

The accused-appellant (appellant) had been indicted under sections 354 and 364(2) of the Penal Code. The appellant had pleaded not guilty and the prosecution had placed evidence against him. The appellant also had given evidence and had called witnesses.

Upon the conclusion of the trial, the learned trial judge had convicted the appellant for both counts in the indictment and had sentenced accordingly.

The instant appeal has been lodged against the said conviction and sentence.

The grounds of appeal raised by the counsel for the appellant are as follows,

1) The charge being defective,

2) The prosecution has not proved their case beyond a reasonable doubt.

The charge being defective

The counsel for the appellant stated that since the charges in the indictment have been framed on the basis of a time period, it is against the legal basis set out under section 165(1) of the Code of Criminal Procedure where the details of a charge has been defined.

The said section has specified that the particulars of the charge should include the time and place of the offence, but