IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

The Democratic socialist Republic of Sri Lanka Complainant Vs.

Jeyarasa Sajeevan Accused Court OF Appeal Case No.

CA HCC 189/2020 High Court of Vavuniya Case No: And Now in Between HCV 2834/2019 Jeyarasa Sajeevan Accused – Appellant Vs.

The Hon. Attorney General Attorney General’s Department, Colombo 12.

Before : Menaka Wijesundera J.

B. Sasi Mahendran J.

Counsel : Anil Silva, P. C with N.M. Shaheed and Amaan Bandara for the Accused-Appellant.

Azvard Navavi, S. D. S. G. for the State.

Argued on : 26.09.2023 Decided on : 26.10.2023 MENAKA WIJESUNDERA J.

The instant appeal has been lodged to set aside the judgment dated 01.07.2020 of the High Court of Vavuniya.

The accused appellant (hereinafter referred to as the appellant)

had been indicted for kidnapping, rape and grave sexual abuse of a girl under 16 years of age.

The appellant had pleaded not guilty to the indictment and upon the conclusion of the trial the learned trial judge had convicted the appellant for the charges of kidnapping and grave sexual abuse and had acquitted him of the charge of rape.

The grounds of appeal by the Counsel for the appellant were that, 1) T