IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal under and in terms of section 9(a) of the High Court of the Provinces (Special Provisions)

Act No. 19 of 1990.

Officer-in-Charge Police Station, Wellawatta.

Complainant SC Appeal No. 82/2019 SC SPL LA No. 97/2019 High Court of Colombo Case No HC MCA 67/2016 Magistrate’s Court of Colombo Case No. 13904/03 Vs.

Beminahennadige Krishantha Ranmal Pieris No. 41, Mahavidana Mawatha, Koralawella, Moratuwa.

Accused AND BETWEEN Beminahennadige Krishantha Ranmal Pieris No. 41, Mahavidana Mawatha, Koralawella, Moratuwa.

Accused- Appellant Vs.

1. Officer-in-Charge Police Station, Wellawatta.

2. Hon. Attorney General Attorney General’s Department, Colombo 12. Respondents AND NOW BETWEEN Beminahennadige Krishantha Ranmal Pieris No. 41, Mahavidana Mawatha, Koralawella, Moratuwa.

Accused- Appellant-

Appellant Vs.

1. Officer-in-Charge Police Station, Wellawatta.

2. Hon. Attorney General AttorneyGeneral’s Department, Colombo 12.

Respondent-Respoondents **********

BEFORE : PRIYANTHA JAYAWARDENA, PC.,J.

S. THURAIRAJA, PC., J.

ACHALA WENGAPPULI, J.

COUNSEL : Isuru Somadasa instructed by Pramodya Thilakaratne for the Accused-Appellant-Appellant Ganga Wakishta Arachchi DSG for the Respondent-Respondents.

ARGUED ON : 13th June, 2023 DECIDED ON : 27^th February, 2024 **********

ACHALA WENGAPPULI, J.

This is an appeal preferred by the Accused-Appellant-Appellant, (hereinafter referred to as the Appellant) seeking to set aside the judgment of the Provincial High Court, dismissing his appeal against the conviction entered by the Magistrate’s Court.

The Appellant was charged before the Magistrate’s Court of Colombo for committing criminal intimidation of one Lakna Somasiri on 02.08.2014, an offence punishable under Section 486 of the Penal Code. He was also charged for using criminal force on her, in the course of same transaction, and thereby committing an offence punishable under Section 343 of that Code. The Appellant pleaded not guilty to both charges and proceeded to trial. The prosecution led evidence of Lakna Somasiri, Sujeewa Gamage and WSI Perera of Wellawatta Police Station. The Appellant gave evidence under oath, and called Don Lewis Fernando, Dulani Madurangi Perera and Sinnadorai Kuvendra Rajah as witnesses on his behalf.

The trial Court pronounced its judgment on 26.04.2016, and found the Appellant guilty to the 1st count, while acquitting him of the 2nd count. The Appellant was imposed a term of imprisonment of six months to serve, a fine of Rs. 500.00 with a default sentence of six months. The Appellant was also ordered to pay a sum of Rs. 30,000.00 to the virtual complainant as compensation coupled with a default sentence of six months.

Being aggrieved by the said conviction and sentence, the Appellant preferred an appeal to the Provincial High Court of Colombo. One of the grounds of appeal taken up in the petition of appeal by the Appellant was that the trial Court had failed to consider his alibi. In dismissing the appeal of the Appellant, the Provincial High Court, rejected the ground of appeal raised by him on alibi. The Provincial High Court, whilst affirming the conviction and the sentences imposed on the Appellant, decided to enhance the period of imprisonment imposed on him from six months to one year.

The Appellant sought leave to appeal against the judgment of the Provincial High Court. When the Appellant supported his application seeking leave to appeal on 06.05.2019, this Court granted leave on questions of law, as set out in paragraph 43(a) to (f) in his petition dated 22.03.2019. However, at the hearing of the appeal on 13.06.2023, learned Counsel for the Appellant confined his submissions only to the question of law, as set out in sub paragraph 43(f).

The question of law on which this Court was addressed on by the learned Counsel for the Appellant as well as the leaned Deputy Solicitor General was;

Did the learned High Court Judge of Colombo and the learn