Weweldeniya Kushan Hasantha vs. Hon. Attorney General – CA/HCC/0061/2023-2024

Brief
In Attorney General v. Weweldeniya Kushan Hasantha, the court examined the validity of a conviction for grave sexual abuse of a minor contrary to Section 365B(2)(b) of the Penal Code and the propriety of the sentence imposed. It was held that the conviction was justified based on a thorough assessment of the credibility of witnesses, the significance of minor contradictions or omissions in testimony, and the treatment of the dock statement presented by the accused-appellant. However, the sentence of nine years’ rigorous imprisonment was deemed excessive and varied to five years, with fines and compensation orders affirmed. The principle reaffirmed is that appellate scrutiny focuses on substantive rather than insignificant discrepancies, and sentencing must proportionately reflect the

REF: CA/HCC/0061/2023-2024 Category: Tag:
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