IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal under and in terms of Section 331 of the Code of Criminal Procedure Act No.15 of 1979 read with relevant provisions of the Bribery Act and Article 138 of the Constitution of the Democratic Socialist Republic Socialist Republic of Sri Lanka.

Director General, Commissioner to Investigate Allegations of Bribery or Corruption, No. 36, Malalasekara Mawatha, Colombo 07. Complainant Court of Appeal Case No:

HCC 307/2018 HC Colombo: HCB 05/2017 V.

Akmeemana Obata Mudalige Ananda Wijesena alias Akmeemana Obada Mudalige Ananda Wijesekara, Bogahayaya, Kuruvithenna, Mahiyanganaya.

Accused AND NOW BETWEEN Akmeemana Obata Mudalige Ananda Wijesena alias Akmeemana Obada Mudalige Ananda Wijesekara, Bogahayaya, Kuruvithenna, Mahiyanganaya.

Accused-Appellant V.

Director General, Commissioner to Investigate Allegations of Bribery or Corruption, No. 36, Malalasekara Mawatha, Colombo 07.

Complainant-Respondent Before: Menaka Wijesundera,J.

B. Sasi Mahendran, J.

Counsel: Anil Silva, PC with Amaan Bandara and Shaluka Neranga for the Accused- Appellant Sudharshana De Silva, DSG with Udari Kumarihamy, CIABOC for the Respondent for the Respondent Written 16.01.2020by the Accused-Appellant)

Submissions : 29.01.2020(by the Respondent)

On Argued On: 22.09.2023 Decided On: 14.11.2023 Sasi Mahendran, J.

The Accused-Appellant (hereinafter referred to as Accused) was indicted before the High Court of Colombo on the following four Counts under section 19 (b) and (c) of the Bribery Act for soliciting and accepting gratification as a reward or inducement whilst the Accused was employed as an Agrarian Research and Production Assistant.

i. On or about 02nd February 2010 at Pinnagolla within the jurisdiction of this Court you being a public servant to wit Agrarian Research and Production Assistant did solicit a gratification of a loan in a sum of Rs. 20,000/- from Disanayaka Mudiyanselage Gamini Wickramaratna as an inducement or reward to perform an official duty namely to provide the report necessary to obtain water to the plantation of Disanayaka Mudiyanselage Gamini Wickramaratna and thereby committed an offence punishable under Section 19(b) of the Bribery Act.

ii. At the time place and in the course of the transaction referred to in Charge 1 you being a public servant to wit Agrarian Research and Production Assistant did solicit a gratification of a loan of Rs. 20,000/- from Disanayaka Mudiyanselage Gamini Wickramaratna and thereby committed an offence punishable under Section 19(c) of the Bribery Act as amended.

iii. On or about 05th February 2010 in the course of the transaction referred to in Charge 1 at Meegahakiwula within the jurisdiction of this Court you are being a public servant to wit Agrarian Research and Production Assistant did accept a gratification of a loan in a sum of Rs. 20,000/- from Disanayaka Mudiyanselage Gamini Wickramaratna through Sedillage Don Karunadasa Wickramaratna as an inducement or reward to perform an official duty namely to provide the report necessary to obtain water to the plantation of Disanayaka Mudiyanselage Gamini Wickramaratna and thereby committed an offence punishable under Section 19(b)

of the Bribery Act.

iv. At the time place and in the course of the transaction referred to in Charge 3 you being a public servant to wit Agrarian Research and Production Assistant did accept a gratification of a loan in a sum of Rs. 20,000/- from Disanayaka Mudiyanselage Gamini Wickramaratna through Sedillage Don Karunadasa Wickramaratnaand thereby committed an offence punishable under Section 19(c)

of the Bribery Act.

Prosecution led the evidence of eight witnesses, marking productions P1 to P10.

The Accused gave evidence and subjected himself to cross-examination. One defense witness was called, and the defence closed the case marking productions V1 to V11.

After the trial, the Learned High Court Judge of Colombo Acquitted the Accused from the 1^st and th