Court shows mercy to father of three convicted for committing crime when he was 16

5 May 2023 02:51 pm - 7 - {{hitsCtrl.values.hits}}

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Accordingly, the two-judge bench the Court of Appeal, comprising of Justices Sampath Abayakoon and P. Kumararatnam commuted the seven-year-rigorous imprisonment of the accused-appellant to two-year imprisonment after taking into consideration the fact that he was only a 16-year-old boy when he committed the offence.

The accused-appellant was indicted by the Attorney General for committing Grave Sexual Abuse on a 12-year-old schoolboy between the period between April 1, 2003 and February 1, 2004. However, the trial commenced on December 8, 2020. The accused-appellant was a neighbour and always invited the victim to play. The High Court Judge after considering the evidence presented by both parties, convicted the accused-appellant under Section 365B (2) (b) and sentenced him to 7 years rigorous imprisonment and imposed a fine of Rs.15,000.

The preliminary application of this appeal was that the accused-appellant was 16 years of age when he committed the offence and now, is a married man and a father of three children aged 16 years and two-year old twins.

Counsel appeared on behalf of the accused-appellant had informed the court that as the accused-appellant and the victim were children when the incident had taken place, urged the indulgence of the court to consider applying the principles laid down in the Supreme Court determination No. 03 of 2008 decided on August 15, 2008.

"In this case, there is no doubt that the Appellant had committed a very serious offence which is punishable under the law. But one shouldn't forget the fact that he was also a child who was entitled to being protected by the law at the time he committed the crime. Under the present circumstances, he is a married man and a father of three children. Considering the age of the accused and the victim, the incident pertaining to this case has happened among children," Justice P. Kumararatnam observed.

It was revealed that when the accused faced the trial, he was 32 years old, married and blessed with three children.

Counsel Ershan Ariaratnam appeared for the accused-appellant. State Counsel Nishanth Nagaratnam appeared for the Attorney General. (Lakmal Sooriyagoda)

Comments - 7

How about the ongoing impact on the victim, court does not consider that? Friday, 05 May 2023 06:55 PM

In the West this would be consider appalling. If the purported abused a 12 year old boy, then he would be considered sexual abuser for many more years. Having children so many, and still being 32 years, versus 82 means he is more than physically capable of being an abuser again. How about the victim, if the victim still suffer then the purported cannot be given the freedom like the court as does so unfairly.

DillonDP Saturday, 06 May 2023 07:19 AM

What's appalling is the years taken it's a shame and can't say the rest

Victim forgotten and forever damaged judicery lost moral compass Friday, 05 May 2023 08:01 PM

How can the Court of Appeal forget the harm done to the victim. They completely forget about it, eh? In the UK two ten year olds killed two year old, James Bulger. The parents of the dead child were always unhappy about leniency, and maybe the 12 child who was abused and his parents and family still suffer too. The Attorney General must be most weak to not speak for the victim as justice is always about prevention and fairness for the victim. No effort at guaging about victim impact on children in Sri Lanka. Where is Geetha K about this?

Citizens Saturday, 06 May 2023 09:38 AM

OMG!!! How pathetic the Sri Lankan law is!!! What's the use of even commenting on this shit piece of news!

Disgusted and perverted decision Saturday, 06 May 2023 01:56 PM

The crime against the 12 year old child is now forgotten. The criminal do this the abuse as 16 old is happily married after luring and abusing 12 year old, who's most likely left ruined. There is no justice in Sri Lanka for the harmed, only the show about it. The victim wasn't even compensated, for the harm. Attorney General fallen asleep of the wheel to let such a travesty happen. This country will continue to be failure while child abusers are released so easily on appeal. An embarrassing decision, which of course will be found out by overseas judge employers, and they will have to realise the weaknesses of Sri Lankan judges.

Zaza Saturday, 06 May 2023 11:09 PM

Grand Justice. The offence was committed in 2003 and the Judgement was delivered in 2023. This does not speak of the Judiciary. We need a total System Change.

DP Sunday, 07 May 2023 08:24 AM

Exactly

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Court shows mercy to father of three convicted for committing crime when he was 16

Comments - 7

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