October 15, Colombo (LNW): The Court of Appeal has rejected an appeal by a Buddhist monk convicted of sexually abusing a child novice, leaving intact his conviction and prison sentences imposed by the Polonnaruwa High Court.
The appeal was considered by a bench comprising Justices Amal Ranaraja and Dr Sumudu Premachandra, who concluded that the trial judge had been justified in accepting the young victim’s evidence as credible and reliable.
The monk had been found guilty of two charges of grave sexual abuse under Section 365B(2)(b) of the Penal Code. The allegations concerned incidents said to have taken place between 23 November 2014 and 23 January 2015, when the victim was seven years old and living at the same temple as the accused, a senior member of the clergy.
In its original ruling, the High Court sentenced the defendant to 10 years’ rigorous imprisonment on each count. A fine of Rs.50,000 was also imposed for each offence, with an additional six months’ simple imprisonment prescribed in default of payment of each fine. The two principal prison terms were ordered to run concurrently, meaning they would be served at the same time rather than consecutively.
The court further directed the convicted monk to pay Rs.100,000 in compensation to the victim.
Dissatisfied with the verdict and punishment, the monk subsequently appealed to the Court of Appeal, seeking to have the High Court’s decision overturned.
In dismissing the appeal, the appellate judges observed that the child had provided a detailed and consistent account of the alleged abuse. They also determined that an inconsistency highlighted during cross-examination did not undermine the central elements of the allegations.
The ruling leaves the original conviction, custodial sentences and compensation order in force.
Additional Solicitor General Shanil Kularatne appeared on behalf of the Attorney General in the proceedings.
