Withanapathiranalage Dickshon Nihal Appuhamy v. Hon. Attorney General – HCC/0289/2019-2021

In the case between the Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Withanapathiranalage Dickshon Nihal Appuhamy, the court addressed the propriety of the appellant’s conviction for rape under Section 364(1) of the Penal Code. The central issues were whether the prosecution had sufficiently established penile penetration to prove rape, and whether, in the absence of such proof, the appellant could be convicted of Grave Sexual Abuse as an alternative offence despite not being formally charged with it. The court held that insufficient evidence existed to support the element of penile penetration required for a rape conviction. However, it was determined that the established facts demonstrated Grave Sexual Abuse under Section 365B(2)(a) of the Pen