Court of Appeal upholds 14-year jail term for father in minor daughter abuse case

• The accused father had been indicted before the Hambantota High Court on three counts, including grave sexual abuse of his daughter, punishable under Section 365B(2)(b) of the Penal Code

By Lakmal Sooriyagoda 

The Court of Appeal yesterday affirmed the 14-year sentence of rigorous imprisonment imposed by the Hambantota High Court on a father convicted of committing grave sexual abuse against his own daughter. 

Delivering its judgement, Court of Appeal Justices Sasi Mahendran and Amal Ranaraja dismissed the appeal filed by the accused, who had challenged the legality of the High Court judgement. The Appeal Court held that there were no substantial grounds to question the credibility of the victim and observed that there was no reason to reject her account of events, as contended by the defence. 

The accused father had been indicted before the Hambantota High Court on three counts, including grave sexual abuse of his daughter, punishable under Section 365B(2)(b) of the Penal Code, for offences alleged to have been committed between 2012 and 2013. Following the trial, he was found guilty on the first count and sentenced to 12 years of rigorous imprisonment. He was also fined Rs. 10,000 and ordered to pay compensation of Rs. 100,000 to the victim. 

The victim was only 10 years old at the time of the incident and was 15 years old when she gave her testimony before court. 

In his appeal, the accused raised several grounds, including the contention that the High Court Judge had erred in failing to consider the need for corroboration of the child’s testimony, particularly in light of alleged inconsistencies and surrounding circumstances that, according to the defence, warranted judicial caution. However, the Court of Appeal rejected these submissions, finding no merit in the arguments advanced and upheld the conviction and sentence. 

Additional Solicitor General Hiranjan Peiris appeared for the Attorney General. Counsel Raja Wijegunaratne appeared for the appellant.