Galabada Payagalage Sanath Wimalasiri v. Officer-in-Charge, Police Station, Maradana – SC APPEAL NO.32/11-2016

In the case between Officer-in-Charge, Police Station, Maradana (with the Attorney General as a respondent in subsequent proceedings) and Galabada Payagalage Sanath Wimalasiri (accused-appellant), the court addressed the evidentiary value of hostile witness testimony, consideration of the appellant’s dock statement, and the appropriateness of sentencing under Section 365A of the Penal Code. It was held that the conviction for gross indecency was properly established; however, the sentence was varied due to the consensual nature of the incident and the appellant’s lack of previous criminal record. The principle emphasized was that sentencing for consensual acts ought to account for proportionality and individual circumstances. Reliance was placed on evidentiary standards, sentencing princip