IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal made under 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 Case No. Wannige Priyantha Wijebandara alias CA/HCC/ 0342/2018 Dany Priyantha High Court of Monaragala Case No. HC/55/2017 ACCUSED-APPELLANT vs.

The Hon. Attorney General Attorney General’s Department Colombo-12 COMPLAINANT-RESPONDENT BEFORE : Sampath B. Abayakoon, J.

P. Kumararatnam, J.

COUNSEL : Niroshan Mihidukulasuriya for the Appellant.

Anoopa de Silva, DSG for the Respondent.

ARGUED ON : 31/01/2023 DECIDED ON : 17/03/2023 *******************

JUDGMENT

P. Kumararatnam, J.

The above-named Appellant was indicted by the Attorney General under Sections 354 and 365 B (2) (b) of the Penal Code for committing the offence of Kidnapping from lawful guardianship and Grave Sexual Abuse on Kankanam Kapuge Tharushika on 02/06/2013.

The trial commenced on 12/02/2018. After leading all necessary witnesses, the prosecution closed the case. The learned High Court Judge had called for the defence and the Appellant had made