Wanniarachchige Sunil Fonseka vs. The Attorney General – CA HCC/0404/18-2023

In the case between Wanniarachchige Sunil Fonseka alias Ajith (appellant) and the Attorney General (respondent), the court addressed the issue of whether a conviction under section 308A(1) of the Penal Code for cruelty to a minor was sustainable based on the evidence. It was held that the available evidence demonstrated negligent conduct and voluntary acts causing hurt, but did not establish the willful intent necessary for a cruelty conviction under section 308A(1). The conviction was accordingly substituted with one under section 314 for voluntarily causing hurt. The decision reaffirmed that, in the absence of willful or intentional cruelty, negligence and physical harm without the requisite mental element attract a lesser charge. The holding drew on statutory interpretation of sections