COURT OF APPEAL - STATUTORY RAPE

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Parental love for a daughter transcends words, embodying a profound and unconditional bond that words can scarcely capture.

Head Note:

Court of Appeal of the Democratic Socialist Republic of Sri Lanka 

Case No: CA/HCC/0234/2023 

Accused-Appellant: Ambagahage Nihal Ranjith Emmanuwel 

Complainant-Respondent: The Hon. Attorney General

 

Summary:

The appellant, Ambagahage Nihal Ranjith Emmanuwel, was indicted in the High Court of Puttalam for committing the offence of rape on his own daughter, an offence punishable under section 364(3) of the Penal Code. The incidents occurred between January and May 2014 while the victim was under the care of her father, following her mother's departure for overseas employment.

 

After a trial, the High Court found the appellant guilty as charged and sentenced him to 19 years of rigorous imprisonment along with a fine of Rs. 25,000/-. The appellant challenged the conviction and sentence on several grounds, including the failure of the prosecution to establish the location of the incident, the use of bad character evidence, and the validity of the indictment. 

The Court of Appeal dismissed the appeal, upholding the conviction and sentence, stating that there was no misdirection or prejudice against the appellant. The evidence was found to be consistent and credible, and the procedural aspects were handled properly.

1.     King vs. Marshall Appuhamy (1949) 51 N.L.R. 140: 

This case established that bad character evidence becomes relevant only when good character evidence of the accused is led. The prosecution cannot prove the bad character of an accused unless the accused has presented evidence of good character.

2.     D. Tikiribanda vs. The Attorney General (2009): 

The court held that victims of sexual harassment often prefer not to talk about the incident and may have difficulty recalling details accurately due to the traumatic nature of the events. The court emphasized the importance of not allowing offenders to exploit these inherent weaknesses.

3.     Bhoginbhai Hirjibhai vs. State of Gujarat (1983): 

This Indian case, frequently cited in Sri Lankan courts, acknowledges that witnesses cannot be expected to have a photographic memory and may struggle with recalling events accurately under pressure or in the face of rigorous cross-examination. 

Decision:

The appeal was dismissed for want of merit. The conviction and sentence imposed by the High Court of Puttalam were affirmed. The court also ordered that the appellant's sentence be deemed to have commenced from the date of his original conviction on 18-10-2023.




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