Lokubaduge Dinesha Sanjeewani vs. Hon. Attorney General – CA/HCC/0328/2015-2024

In the case between Lokubaduge Dinesha Sanjeewani (Petitioner) and Rathnayaka Mudiyanselage Susantha Nimal Gunathilaka (Accused), the court addressed the issue of the propriety of the trial court’s acquittal in a prosecution for sexual harassment under section 345 of the Penal Code. It was held that the trial court’s acquittal was legally flawed due to a misdirection of law regarding the requirements for the offense, particularly its erroneous insistence on proof of sexual gratification. The appellate court determined that the prosecution’s evidence met the required burden, delays in complaint had credible explanation, and the elements of the offense did not necessitate a finding of sexual gratification. The principles reaffirmed included the proper legal standard for sexual harassment cas