The accused in the Orr’s Hill sexual abuse case was sentenced to ten year’s rigorous imprisonment by the Trincomalee High Court Judge M.Ilancheliyan on Tuesday.
The Attorney General had indicted H.M.Disanayake on two counts - one for the abduction of a seven-year-old girl and the second one for committing grave sexual abuse on her on February 4, 2002, an offence punishable under Section 354 of the amended Criminal Penal Code.
According to the prosecution, the complainant girl had been abducted by the accused when she was going to a shop and grave sexual abuse committed on her.
The accused had been found in Army uniform at the time of the incident. The accused was caught red-handed by neighbours when a priest and an employee of the shop cried for help and on receipt of information a police team had rushed to the scene and the accused taken into custody.
The medical report had stated that there was no evidence of sexual intercourse or injuries on the girl’s body.
The accused who gave evidence from the dock denied the charges.
The girl who gave evidence in court at the age of 10, said the accused took her by force gagging her mouth with one hand and sexually abused her under a margosa tree, close to a temple in the vicinity.
“I hold that the two charges against the accused have been proved beyond reasonable doubts due to corroborative evidence led by the prosecution,” citing a judgment of the Indian Supreme Court in the State of Rajasthan vs Indra Badan case.
“I sentence the accused to three years RI on the first count for abducting a minor and in addition impose a fine of Rs. 5,000 and on the second count 10 years RI for committing a grave sexual abuse on her and fined him Rs. 5,000,” said the High Court Commissioner in his order delivered on Tuesday.
The accused was ordered a further three months RI each in default of payment of the fines.
The court further ordered the accused to pay a compensation of Rs. 50,000 to the victim and one year’s rigorous imprisonment in default of paying the fine.
The court also ordered the accused to serve altogether 11 years RI concurrently.
State Counsel Ms Suganth Kandasamy led the prosecution and Attorney-at-Law S. Pulendran (assigned) appeared for the accused.
Sexual assault and rape of young victims on the rise in Trinco
More than sixty percent of cases listed for trial in the Trincomalee High Court are related to sexual assault and rape on females and over 50 per cent of the victims are children under 14 years of age, a High Court Judge told a gathering in Trincomalee on Friday.
This startling revelation was made by High Court Judge M. Ilancheliyan who was chief guest at the Trincomalee Divisional Sahithya Day-2008 celebrations held at Orr’s Hill Vivekananda College. He said sexual assault and rape was on the increase in areas including Kantale, Serunuwara, Thampalakamam, Chinabay and Kuchchaveli in the Trincomalee jurisdiction.
Four writers and artists A.Shanmugam Arulanandam, Thambipillai Thuraiveerasingham, K.G.Ranjit Sisira Kumara and Seenimohamed Jamaldeen were awarded mementos for their services to the development of culture and art by the chief guest.
The event organized by the Trincomalee Divisional Secretariat and presided by the Divisional Secretary Sasithevi Jalatheepan showcased cultural events relating to all three communities. |