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Last Updated : 2024-05-20 14:17:00
15 September 2022 06:27 pm - 14 - {{hitsCtrl.values.hits}}
A sentence imposed against a priest for committing grave sexual abuse to an underage girl has been enhanced to 15-year-Rigorous Imprisonment from the original sentence of 11-year-simple imprisonment by Court of Appeal, during the appeal.
In its judgment regarding the appeal filed by the priest, the Court of Appeal two-judge-bench comprising Justices Priyantha Fernando and Wickum Kaluarachchi held that the sentence imposed on the second count is inadequate in light of the nature and circumstances on which the grave sexual abuse was committed.
Rejecting the submissions made on behalf of the priest, a teacher of a Sunday School at a temple in Kegalle District, the Court of Appeal observed that no girl would be tempted to fabricate a story for this kind of offence, implicating a monk by making her own future dark in a country with a cultural and social background like ours, being a victim of sexual abuse leaves a scar on a 14-year-old girl’s entire future.
Justice Wickum Kaluarachchi observed that a child who goes to a monk, not like going to an ordinary person, expects guardianship and has more confidence that the monk will do no harm to her.
Justice Kaluarachchi further viewed that sexually abusing the girl who came to the monk who was also her teacher is more serious than abusing the girl by an ordinary person.
Justice Kaluarachchi observed that psycological damage to a sexually abused child is difficult to detect and cannot be estimated since it is not visible.
The High Court had sentenced the accused to 4 years’ simple imprisonment for the first count and suspended the same for 15 years, and imposed 11 years’ simple imprisonment for the second count.
The Court of Appeal further decided to remove the suspended imprisonment imposed in respect of the first count.
The Attorney General had filed indictments against the priest for kidnapping (section 354 of Penal Code) and committing grave sexual abuse an offence punishable under section 365B(2)(b) of the Penal Code on or about 24th August 2010.
According to the prosecution, the accused had come to the house of the victim (100-150 meters away from the temple) around 10 p.m. where she was sleeping with her parents and three brothers.
The accused had talked to the victim through a window and had asked her to come outside of the house to meet him.
Thereafter, he had taken her to the “Dharma Shalawa” at the temple.
The position taken up by the accused in his evidence was that the victim came to his temple on her own and he never asked her to come.
The Court of Appeal is of the view that even the accused admits that the victim was with him in the temple at night.
When the victim’s mother awoke in the night, noticed that her daughter was missing.
Then she informed the victim's father, and the father and victim's elder brother went to the temple, where they found the victim and brought her back to her home. Soon after, the victim lodged a complaint at the police station against the accused. (Lakmal Sooriyagoda)
Antony K. Thursday, 15 September 2022 06:53 PM
Appreciate if title was changed to monk instead of Priest. As it is more suitable eh? Hope the editor is educated enough.
VJ Thursday, 15 September 2022 06:55 PM
People have a social responsibility to bring such cases to the attention of the law. Justice must be served irrespective of the position or status of the accused.
Citizen Thursday, 15 September 2022 07:11 PM
A good lesson to all religious priests. Police should go after such criminals instead arresting members of Aragalaya for trivial offences.
Kadu Karaya Thursday, 15 September 2022 08:02 PM
Whether she came by herself or not does not matter, he defiled a 14 year old. Monks who break trust like this are deserving of death penalty. I would be glad to throw the first stone or use a stick to take out my anger on the monk.
Cheeran Thursday, 15 September 2022 09:53 PM
We must not forget that priests or monks are not Gods but human beings. Young girls and boys should be encouraged to get advise from professionals/counsellors
Cam Sab Friday, 16 September 2022 05:07 AM
This form of child abuse should be punished at the highest level; not only in SL anywhere in the world. Children should live without any fear, anxiety, feeling of damage or loss. Children should have a normal and happy life with enjoying everything like what a normal children would do. As they grow up too, they need to be able to do everything like what a normal person would do. Said that, we need to look at the root cause of the problem. The problem stems from the practice of recruiting children for Monkdom (priesthood). A child is taken out of his will to become s priest at his tender age. He does everything different from a normal child would do until end of its life. The biggest child abuse starts from recruiting children to become monks. A monk has to go through so much of phychological challenges all along his life. I see so many small children and young boys with shaven head and yellow saffron. I respect them for what they are but can only sympathize for what they lost.
Ram Friday, 16 September 2022 05:59 AM
There are many Buddhist priests senior and junior who bring disrepute to Buddha by various doings. The Mahanayakas of the three Nikayas who are held in high esteem as the guardians of Buddhism keep a blind eye to these doings by their silence. Where are we heading?
Terrence Friday, 16 September 2022 08:17 AM
Traditionally in the Buddhist Order which is called the Sangha there are no Priests or Priestesses as such usage of Priests gives ambiguity as this refers to a Buddhist Monk
Cherath Friday, 16 September 2022 08:18 AM
In these times of hopelessness and despair, this news seems like a bright spark - The filthy minded robed maniac got what he deserved. He must never be allowed to mingle freely in the society. The community I'm sure will see to that.Even older lay persons kneel before him and offer food and clothing respecting the yellow robe only to find the brute of a man abusing a girl. If he cannot resist sexual urge, first disrobe and then try being vulgar.
Saman Friday, 16 September 2022 08:31 AM
Finally, justice prevails. Kudos to the CA judges. Now we just have to wait and see which politician(s) will influence this case. DM keep us posted.
John Fernando Friday, 16 September 2022 08:42 AM
It's always better to mention as a Buddhist Monk, Catholic or Christian Priest, Hindu Priest, Muslim Priest or Moulavi than just mentioning as a priest as it directly hits to Christian denominations.
faiz Friday, 16 September 2022 04:10 PM
will he a get a presidential pardon to prove the Buddhist credentials of politicians
Gnanasara Friday, 16 September 2022 04:14 PM
The intentions of the so called man in yellow robes misfired when he appealed against the sentence of the CA. If he didn't appeal he would have served a lighter sentence and not the enhanced sentence of the SC.
Martin Milton Friday, 16 September 2022 05:16 PM
Ram's comments are very valid and should be lauded. Where is Sri Lanka heading when the Higher authority for Monks are silent on these issues? They should have disrobed this monk immediately. The punishment is applauded and it could have been even more severe as it should. MM
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