The State vs. Wickeremathilake Don Susantha Kumara – CA CASE NO. HCC-0055/22-2022

In the case between the Hon. Attorney General and Wickeremathilake Don Susantha Kumara, the court considered whether the accused committed sexual harassment by removing the victim’s undergarments using criminal force, as proscribed under Section 345 of the Penal Code. The appeal centered on the evidentiary requirements for proving the offence, including the significance of DNA evidence and the absence of direct evidence demonstrating the accused’s act or use of force. The findings established that the prosecution had not established all statutory elements of the offence beyond reasonable doubt. Reference was made to Attorney General v. Baranage and pertinent judicial precedent, reaffirming that both act and intent, as defined by law, must be proven. It was ultimately determined that the ac