Bamunu Arachchi Vidanalage Wimalasena alias Baby Mahattaya vs The Hon. Attorney General – CA HCC/278/2018-2020

In the case between the Democratic Socialist Republic of Sri Lanka (Represented by the Hon. Attorney General) and Bamunu Arachchi Vidanalage Wimalasena alias Baby Mahattaya, the court addressed the propriety of a conviction for grave sexual abuse under Section 365B(2)(b) of the Penal Code and the appropriateness of the imposed sentence. It was held that the conviction was proper and legal, despite the victim’s inability to recall specific dates regarding the alleged offences, as the defence did not challenge the occurrence during trial. The principle reaffirmed was that defects or lack of specificity in the indictment are not material unless it is established that a fair trial was prejudiced. The sentencing was reviewed, considering mitigating personal circumstances, resulting in a reducti

REF: CA HCC/278/2018-2020 Category: Tag:
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