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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
MENAKA WIJESUNDERA, K.M.G.H. KULATUNGA, JJ
Weweldeniya Kushan Hasantha – Appellant
Versus
Hon. Attorney General – Respondent
| Table of Content |
|---|
| 1. conviction for grave sexual abuse upheld. (Para 1) |
| 2. details of the attack on the minor. (Para 2 , 3 , 4) |
| 3. evidence from witnesses evaluated. (Para 5) |
| 4. grounds of appeal related to evidence analysis. (Para 6 , 18) |
| 5. assessment of witness credibility. (Para 7 , 8 , 12) |
| 6. trivial contradictions considered. (Para 20 , 21) |
| 7. sentence evaluated and varied. (Para 27 , 28) |
| 8. final decisions on the appeal. (Para 29 , 30) |
K.M.G.H. KULATUNGA, J.
Introduction
1. The accused-appellant was convicted by the High Court Judge of Gampaha for committing grave sexual abuse of a 15-year-old girl on or about 17th of November, 2010, punishable under Section 365B (2)(b) of the Penal Code , as amended by Act No. 22 of 1995. Then the accused-appellant (who hereinafter is also referred to as the appellant) was sentenced to nine years' rigorous imprisonment with a fine of Rs. 25,000/- and a six-months default sentence, and also ordered to pay Rs. 100,000/- as compensation to the victim, with one year’s default sentence. Aggrieved with the conviction and dissatisfied with the sentence the appellant has now preferred this appeal.
Facts
2. The appellant was a known neighbour of around 19 years
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