An accused's right to appeal remains intact even if they absconded during proceedings, as established under the Judicature Act.

This is an appeal 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 Tangalle.

The appellant has been indicted before the High Court of Tangalle for causing stab wounds to one Mathis Hewage Samantha on or about 03-05-2007, at a place called Ratmalketiya within the jurisdiction of the High Court of Tangalle, and thereby, committing the offence of attempted murder punishable in terms of section 300 of the Penal Code .

After the appellant was arrested and later bailed out by the learned Magistrate of Tangalle, he has absconded the Court. Accordingly, the non-summary proceeding against him has taken place in his absence.

After the committal of the matter to the High Court, the Hon. Attorney General has filed an indictment against the appellant on 09-07-2014, where it had not been possible to serve summons on the appellant. It had been informed to the Court that the appellant has left the country.

Accordingly, the learned High Court Judge of Tangalle has taken due steps in terms of section 241 of the Code of Criminal Procedure Act, and after being satisfied that the appellant is absconding the Court, has taken up the trial in his absence. It is noteworthy to mention that the appellant has been represented by an Attorney-at-Law during the 241 inquiry, but when the matter was taken up for trial, there had been no legal representation for the appellant.

After trial, the learned High Court Judge of Tangalle has found the appellant guilty as charged of his judgment dated 24-11-2023, and has sentenced him for a period of 10 years imprisonment. He has been ordered to pay a fine of Rs. 10,000/=, and in default, 3 months simple imprisonment have been ordered. In addition to the above, he has been ordered to pay a fine of Rs. 300,000/- to the victim PW-01, with a default sentence of 6 months simple imprisonment.

As the appellant was absconding the Court, an open warrant has been issued against him. It had been ordered that the above sentence shall become effective once the appellant is arrested and produced before the Court.

The appellant has appealed against the conviction and the sentence of his petition of appeal dated 06-12-2023 within the stipulated time period allowed for a person aggrieved of a conviction and a sentence to appeal therefrom to the Court of Appeal.

This goes on to show that although the appellant absconded the Court, nor did he retained the services of an Attorney-at-Law to represent him, he had followed the proceedings before the Court diligently by filing the appeal soon after the conviction and the sentence.

When this matter was taken up for argument before this Court, the learned President’s Counsel who represented the appellant informed the Court that although his client has preferred this appeal against his conviction and the sentence, he has received instructions to withdraw the appeal against the conviction and only to challenge the sentence imposed upon him.

Accordingly, upon the withdrawal, the appeal against the conviction is hereby dismissed.

At the hearing of the appeal against the sentence, this Court heard the submissions of the learned President’s Counsel who argued that the actual conviction should have been in terms of section 301 of the Penal Code and that the sentence should have also been in accordance with the same.

The learned Deputy Solicitor General (DSG) who represented the respondent contended that the matters taken by the learned President’s Counsel as reasons for his argument are reasons that were not before the trial Court by way of evidence. It was her position that the learned trial Judge has come to a correct finding when convicting the appellant as charged, and sentencing him accordingly. It was her view that the appeal against the sentence should also be dismissed for want of merit.

The appellant is a person who has knowingly absconded from Court and a person who has filed this