Colombo, Aug. 29 (Daily Mirror) – The Court of Appeal has dismissed an appeal filed by a 59-year-old farmer challenging his conviction and sentence for the grave sexual abuse of his 13-year-old granddaughter, but reduced his sentence from 16 years to 10 years’ rigorous imprisonment.

A two-judge bench comprising Justices P. Kumararatnam and Pradeep Hettiarachchi delivered the judgement in an appeal against the conviction and sentence imposed by the Ampara High Court.Taking into account the submissions that the accused was 59 years old, a farmer, married with five children, and had no previous or pending cases, the Court of Appeal deducted six years from the sentence.

The accused R.M. Wijerathna Banda, had been indicted by the Attorney General under Section 365(b) 2(b) of the Penal Code for committing grave sexual abuse against the victim between December 1, 2020 and February 28, 2021.According to the judgement, the victim had stated that the abuse began in 2022 after she had reached puberty. The victim had been living with her grandparents after her parents separated and her father remarried. The accused had abused the girl at his residence. Her grandmother had warned her to be cautious around him, and on one occasion the grandmother allegedly witnessed the abuse.

The victim’s mother, after being informed of the alleged abuse, contacted Dehiyathakandiya Police. Police subsequently went to the accused’s residence and brought the victim to the police station.Although the JMO found no medical evidence of acute or chronic penetration, he opined that the act described by the victim could neither be confirmed nor excluded through medical examination.

The Ampara High Court, having considered the evidence led by the prosecution and the defence, convicted the accused and sentenced him to 16 years rigorous imprisonment, together with a Rs.20,000 fine. The High Court had also ordered the accused to pay Rs.200,000 as compensation to the victim.The Deputy Solicitor General appearing for the Attorney General informed Court that the prosecution would not object to a reconsideration of the sentence during this appeal.Taking into account the submissions that the accused was 59 years old, a farmer, married with five children, and had no previous or pending cases, the Court of Appeal deducted six years from the sentence.Accordingly, the Court ordered that he serve 10 years’ rigorous imprisonment. The fine and compensation orders, together with the default sentences, were left unchanged.