Pathane Gedara Bandula Senarath Jayathunga vs. The Hon. Attorney General – CA HCC 244/2024-2025

In the matter of Pathane Gedara Bandula Senarath Jayathunga and the Hon. Attorney General, the court addressed an appeal against convictions for Rape and Grave Sexual Abuse. It was held that convictions for the 2nd and 3rd counts were set aside due to insufficient evidence, while the conviction for the 1st count of Rape was upheld. This decision reaffirmed the principle that a child victim’s consistent testimony, supported by medical evidence, can establish guilt beyond a reasonable doubt, acknowledging that absolute precision in recall is not expected, as per Bhoginbhai Hirjibhai V. State of Gujarat. The case emphasizes the critical role of corroborating evidence and the nuanced assessment of child victim testimony in sexual offense cases.

B. Sasi Mahendran, J. – The High Court’s convi