SAVINDA VS. REPUBLIC OF SRI LANKA

SAVINDA VS. REPUBLIC OF SRI LANKA

COURT OF APPEAL
SISIRA DE ABREW. J.
LECAMVASAM. J.
CA 212/2007
HC COLOMBO2848/2006
OCTOBER 28, 2009
NOVEMBER6, 9, 20, 2009

Penal Code - Section 364(4) - Rape - Ingredients - Reasonable doubt - Charge should fail? Credible witness- Test of probability-Compensation -default sentence in  excess of 2 years - validity?

The accused-appellant was convicted for raping a woman inside a bus and was sentenced to 20 years R. I. and to pay a fine of Rs.25,000/- carrying a default sentence of 2 years R. I., in addition, he was ordered to pay a sum of Rs.500,000/- to the victim as compensation carrying default sentence of 5 years R. I.

The respondents' position was that he had sexual intercourse with consent.

Held

        (1) To establish a charge of rape, the prosecution must establish the following ingredients.

            (i) The appellant committed sexual intercourse on the woman.

            (ii) The said intercourse was performed without her consent. If there is reasonable doubt in one of the ingredients the charge should fail.

        (2) The story of the pr

Click Here to Read the rest of this document