YOGA VS. ATTORNEY GENERAL

YOGA VS. ATTORNEY GENERAL

COURT OF APPEAL
SISIRA DE ABREW, J.
ABEYRATNE, J.
CA 55/06
HC KANDY 352/06

Penal Code Section 365 (B) - grave sexual abuse - Sexual gratification - Burden of proof? - Test of probability

    The accused-appellant was convicted for committing the offence of grave sexual abuse on a girl-one M and was convicted and sentenced. On appeal

Held

(1) To establish a charge under section 365 (B) of the Penal Code the prosecution must establish that the alleged act was done with the intention of having sexual gratification. This aspect must be proved beyond  reasonable doubt. Prosecution case does not satisfy the test of probability.

APPEAL from the judgement of the High Court of Kandy.

Dr. Ranjit Fernando for accused-appellant.

Rohantha Abeysuriya SSC for respondent.

February 24th 2009

SISIRA DE ABREW, J.

Head both counsel in support of their respective cases. The accused-appellant in this case was convicted for committing the offence of gravesexual abuse on a girl named  Dulanjalie Madushani and was sentenced to a term of 10 years R.I and to pay a fine of Rs. 5000/- carrying a default

sentence of one year R.I. In addition

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