Appeal Court upholds HC judgment in rape case

July 31, 2012, 9:14 pm

By Chitra Weerarathne

The Court of Appeal, yesterday affirmed the sentence of 15 years rigorous imprisonment with a fine of Rs. 10,000 imposed on an accused-appellant by the High Court, for raping a nine-year-old girl.

The accused-appellant had not challenged the conviction but the sentence.

The Court Appeal had taken into consideration the fact that the accused-appellant had been in remand from the date of conviction and ordered that the sentence of imprisonment shall take effect from May 7, 2010.

Subject to the variation in the implementation of the sentence, the appeal was dismissed and the conviction affirmed.

The Deputy Solicitor General Yasantha Kodagoda, who appeared for the Attorney General, submitted to the court that whilst leaving the sentence in the hand of the court, in his opinion the sentence was fair, and to reduce it would convey the wrong message to the society and that the need of the day was to take measures to prevent and discourage the occurrence of such offences.

The mother of the victim had been overseas working hard to earn money. The father was away from the house at the time the accused-appellant forcibly committed the offence.

Amila Palliyage appeared for the accused-appellant W. Gnanasiri of Kosgoda.

The judgement was by Justice Ranjith Silva, with Justice H. N. J. Perera agreeing.