The Attorney General of the Democratic Socialist Republic of Sri Lanka vs. Wehigala Kumbure Gedara Vijitha Senadheera – CA NO. 05/2017-2017

In the case between The Attorney General of the Democratic Socialist Republic of Sri Lanka and Wehigala Kumbure Gedara Vijitha Senadheera, the court addressed the sufficiency of evidence in establishing the charge of rape involving a mentally retarded victim, and the appropriateness of the sentence imposed. It was held that both medical and credible witness testimony satisfied the requirements for proving penetration within the meaning of Section 364(2)(f) of the Penal Code, thereby upholding the conviction. The principle was reaffirmed that even minimal penetration constitutes rape and that such may be substantiated by circumstantial, medical, and testimonial evidence. Relevant precedents regarding the evidentiary threshold for rape convictions were relied upon. The impact of this decisio

REF: CA NO. 05/2017-2017 Category: Tag:
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