10 years RI for sexual assault

From Sinniah Gurunathan, our Trincomalee correspondent

The Trincomalee High Court last week sentenced an accused who was indicted on a charge of sexual assault on an under age girl after trial to ten years rigorous imprisonment. Court also imposed a fine of rupees one thousand and in default three months' imprisonment. The accused Suresh Priyankara was also ordered to pay a sum of rupees ten thousand to the complainant as compensation and in default a further two years rigours imprisonment.

The defence submitted that there were contradictions in the evidence of the girl. However, Justice Mr. Anton Balasingham in his order said, the contradictions made by the witness after being subjected to two days of cross-examination in the witness box, did not affect the core of the evidence.

Citing a judgement of the Supreme Court of India in the case of Bhoginbai Hijribhai vs the State of Gujarat, Justice Balasingham said, "No one should expect a photographic memory from a girl of fourteen, who lodged her complaint six months after the date of the crime and gave evidence five years later in Court.

The Indian Supreme Court in its order stated the victim could not presume in advance, as every thing was taking place unexpectedly. As such the Court could not expect the victim to narrate the events in an orderly manner. Delivering judgement Justice Balasingham said, in this particular case there was corroboration in the evidence of the grandmother, a medical officer and other witnesses. "Hence I hold the charge against the accused had been proved beyond any reasonable doubt".

The offence was committed on 3rd September 1999. The complaint was made on the 31st March 2000 and the complainant gave evidence on 27 May 2005.State Counsel Mr.R. Kannan led the prosecution and Attorney Mr.A. Jegasothy appeared for the defence.