Homagama HC jails man for 12 years for sexually abusing three-year-old niece

• Judge rules that the offence constituted grave sexual abuse under Section 365(b)(2)(b) of the Penal Code

By Bhagya Silva

The Homagama High Court has sentenced a man to 12 years of rigorous imprisonment along with a fine of Rs. 25,000, after he was found guilty of sexually abusing a child under 16 years at Hokandara, who is his niece.

High Court Judge Navarathna Marasinghe delivered the judgement, ruling that the accused had committed the offence of grave sexual abuse under Section 365(b)(2)(b) of the Penal Code as amended by Acts No. 22 of 1995, No. 29 of 1998, and No. 16 of 2006. The conviction was based on evidence that proved the charges beyond a reasonable doubt.

The indictment had been filed on December 13, 2017, and the trial commenced on November 12, 2020.

In his judgement, the Judge observed that in evaluating the evidence, he had to first draw attention to fundamental principles of criminal law such as the presumption of innocence. However, in this case, the identity of the accused as the perpetrator was clearly established through the testimony of the victim, corroborated by her mother and elder sister. The Judge held that all ingredients of the offence had been proven beyond a reasonable doubt.

Appearing for the accused, Counsel Chamaka Samarakoon pleaded for leniency, noting that his client was a 46-year-old man with no previous convictions. He submitted that the accused was the sole breadwinner of his family, supporting his wife and child through municipal employment, and was remorseful over the incident. He requested the court to impose a lighter sentence in view of these circumstances.

State counsel Shaini Weerasuriya, appearing for the victim, stressed that the victim was only three years old at the time of the incident and was the daughter of the accused’s wife’s sister. She argued that the gravity of the offence was heightened as the accused was a trusted family member, and emphasised the importance of protecting the sanctity of family trust within Sri Lankan society.

Delivering judgement, Judge Marasinghe observed that the victim’s family had entrusted the child to the accused out of trust, never imagining that the child’s own uncle would exploit her. He ruled that the accused had manipulated the child and subjected her to sexual abuse, thereby breaching the fundamental trust placed in him by the family.

Accordingly, the Judge sentenced the accused to 12 years of rigorous imprisonment and imposed a fine of Rs. 25,000.