Polonnamperuma Arachchilage Nishan Anushka Kumara and Yakgaha Hewage Chitralatha v. Hon. Attorney General – CA NO. 241/2012-2012

In the case between Polonnamperuma Arachchilage Nishan Anushka Kumara, Yakgaha Hewage Chitralatha, and the Hon. Attorney General, the court addressed the issue of the conviction and sentence for abduction of a minor under section 354 of the Penal Code. The appeal primarily contested the validity of the conviction, arguing that the victim’s mother’s awareness and absence of a police complaint undermined the prosecution. It was held that the elements of abduction under section 352 of the Penal Code were satisfied, reaffirming the principle that removal of a minor without parental consent constitutes abduction. Reference was made to relevant statutory provisions, emphasizing that failure to immediately report to authorities does not negate the commission of the offense.

Deepali Wijesundera J