IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal in terms of section 331 (1) of the Code of Criminal Procedure Act No- 15 of 1979, read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal No: Democratic Socialist Republic of Sri Lanka CA/HCC/0022/18 COMPLAINANT Vs.

High Court of Kuliyapitiya 1. Meragal Pedilage Saman Kumara Case No: HC/164/2012 2. Meragal Pedilage Sanjeewa Pushpa Kumara alias Kirala

3. Karuna Pedige Wijaya Kumarasinghe alias Samange Bappa

4. Rankoth Pedige Dinesh Madhushanka alias Pengutta ACCUSED AND NOW BETWEEN The Attorney General, Attorney General’s Department, Colombo 12 COMPLAINANT-APPELLANT Vs.

1. Meragal Pedilage Saman Kumara

2. Meragal Pedilage Sanjeewa Pushpa Kumara alias Kirala

3. Karuna Pedige Wijaya Kumarasinghe alias Samange Bappa

4. Rankoth Pedige Dinesh Madhushanka alias Pengutta ACCUSED-RESPONDENTS Before : Sampath B. Abayakoon, J.

: P. Kumararatnam, J.

Counsel : Haripriya Jayasundare, ASG, P.C. with Maheshika Silva, DSG for the Hon. Attorney General : Naveen Maha Arachchige for the Accused-

Respondent Argued on : 14-02-2023 Written Submissions : 27-09-2022 (By the Accused-Respondent)

: 28-07-2022 (By the Complainant-Appellant)

Decided on : 28-03-2023 Sampath B. Abayakoon, J.

This is an appeal by the Hon. Attorney General on being aggrieved by the sentence imposed on the accused respondents by the learned High Court Judge of Kuliyapitiya.

The accused respondents (hereinafter referred to as the accused) were indicted before the High Court of Kuliyapitiya by the Attorney General on the following counts.

(1) That on 01^st January 2011 in a place called Kahawala, Bingiriya, the

1^st accused being a member of a gang with the 2^nd, 3^rd, and the 4^th accused, committed the gang rape of the female mentioned in the charge and thereby committed an offence punishable in terms of section 364(2) read with section 364(2)(g) of the Penal Code as amended by Penal Code (Amendment) Act No- 22 of 1995.

(2) At the same time and at the same transaction, the 2nd accused being a member of the earlier mentioned gang, aided and abated the 1st accused to commit the offence of gang rape of the earlier mentioned female, and thereby committed an offence punishable in terms of section 364(2) read with section 364(2)(g) of the Penal Code as amended by Penal Code (Amendment) Act No- 22 of 1995.

(3) At the same time and at the same transaction, the 3rd accused being a member of the earlier mentioned gang, aided and abated the 1st accused to commit the offence of gang rape of the earlier mentioned female, and thereby committed an offence punishable in terms of the section 364(2) read with section 364(2)(g) of the Penal Code as amended by Penal Code (Amendment) Act No- 22 of 1995.

(4) At the same time and at the Same transaction the 4th accused being a member of the earlier mentioned gang, aided and abated the 1st accused to commit the offence of gang rape of the earlier mentioned female, and thereby committed an offence punishable in terms of the section 364(2) read with section 364(2)(g) of the Penal Code as amended by Penal Code (Amendment) Act No- 22 of 1995.

(5) At the same time and at the same transaction, the 3^rd accused being a member of the gang with the 2nd accused, committed the gang rape of the female mentioned in the charge and thereby committed an offence punishable in terms of section 364(2) read with section 364(2)(g) of the Penal Code as amended by Penal Code (Amendment)

Act No- 22 of 1995.

(6) At the same time and at the same transaction, the 2^nd accused being a member of the earlier mentioned gang, aided and abated the 3^rd accused to commit the offence of gang rape of the earlier mentioned female, and thereby committed an offence punishable in terms of section 364(2) read with section 364(2)(g) of the Penal Code as amended by Penal Code (Amendment) Act No- 22 of 1995.

After trial, the learned High Court Judge of Kuliyapitiya of his ju