IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the nature of an Appeal against a Judgment of the High Court of the Provinces under and in terms of section 9(a) of the High Court of the Provinces (Special Provisions) Act, No. 19 of 1990 read with Article 128 of the Constitution.

Kakille Dissanayake Arachchige Ruwan Chamara No. 262A, Hillside Watta, Haliwala, Galle.

1st Accused – Appellant – Appellant Supreme Court Appeal No. 114/2020 SC (SPL.) LA No. CA 252/2019 High Court Galle - vs.

No. SP/HC/GA/APL/1164/2017 Magistrate’s Court of Galle - 1. Officer-in-Charge No. 75510 Police Station, Akmeemana.

Complainant – Respondent – Respondent

2. Honourable Attorney-General Attorney-General’s Department Colombo 12.

Respondent - Respondent Before: Jayantha Jayasuriya, PC, Chief Justice.

Yasantha Kodagoda, PC, J.

Kumuduni Wickremasinghe, J.

Appearance: Ms. Saranee Gunathilake instructed by Ms. Kethmini Dharmasena for the 1st Accused – Appellant –

Appellant.

Senior State Counsel Ms. Induni Punchihewa for the Respondent - Respondent Honourable Attorney-

General.

Argued on: 1st December 2022 and 21st March 2023 Written Submissions filed on: For the Appellant:

24th August 2020 and 4th May 2023. For the Respondent – Respondent:

10th February 2021 and 11th September 2024.

Judgment delivered on: 27th November 2024 Yasantha Kodagoda, PC, J.

Introduction and the background

1. This Judgment relates to an Appeal heard by this Court with regard to a Judgment dated 31st May 2019 of the High Court of the Provinces (Southern Province) holden in Galle which arises out of an Appeal heard by that court (No. SP/HC/GA/APL/1164/2017). That Appeal related to a judgment dated 15th February 2017 of the Magistrate’s Court of Galle, pronounced in case No. 75510. The learned Judge of the High Court affirmed the judgment of the learned Magistrate and dismissed the Appeal against the judgment of the Magistrate’s Court. The instant Appeal is against the afore-stated judgment of the High Court of the Provinces.

2. On 14th May 2008 the Officer-in-Charge of the Akmeemana Police Station (Complainant – Respondent – Respondent) instituted criminal proceedings (filed Plaint) in the Magistrate’s Court of Galle against the Appellant and another (Bopalgoda Nishantha Kumara) alleging that on 30th August 2006 in Gonamulla, Galle, they had committed robbery of a gold chain (the value of which was approximately Rs. 15,000/=) which was in the possession of one Kamani Nilanka, and thereby committed an offence punishable under section 380 read with section 32 of the Penal Code. The Appellant before this Court was cited as the 1st Accused.

3. Following the conduct of a trial against both accused, by Judgment dated 15th February 2017, learned Magistrate of the Magistrate’s Court of Galle found both accused ‘guilty’ and convicted them for the offence charged. By the sentencing order dated 8th March 2017, the learned Magistrate sentenced the 1st and the 2nd Accused in the following manner:

i. Rigorous imprisonment of 1 year.

ii. Fine of Rs. 500/= (in default 6 months rigorous imprisonment).

iii. Compensation of Rs. 10,000/= payable to the virtual complainant (prosecution witness 1).

4. Aggrieved by their conviction and the sentence imposed, the 1st and the 2nd Accused appealed to the High Court of the Provinces. After hearing counsel for the Appellant and the Respondent, the evidence of the case and the Judgment of the learned Magistrate, the learned Judge of the High Court, by his Judgment dated 31st May 2019 affirmed the conviction and the sentence of both Accused -

Appellants.

5. Following a consideration of a Petition by which the 1st Accused – Appellant –

Petitioner sought Special Leave to Appeal to this Court against the afore-stated Judgment of the High Court of the Provinces, leave was granted in favour of the Petitioner on the following questions of law:

i. Did the learned High Court Judge err in law by affirming the Judgment of the Magistrate of Galle dated 15th February 2017 mar