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Monday, 11 February 2002  
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Kamal Addaraarachchi case: SC orders Registrar to send petitioner's writings to EQD

by Wasantha Ramanayake

The Supreme Court on Friday ordered the Registrar of the Supreme Court to send the petitioner's exercise book with her admitted hand- writings together with a letter and its envelope, which were allegedly sent to the accused, Kamal Addaraarachchi by the prosecutrix before the commencement of the trial before the High Court, to the Examiner of Questionable Documents, in the appeal against actor Kamal Addaraarachchi.

The court ordered the Registrar of the Supreme Court to send the said materials to the Examiner of Questionable Documents (EQD) and to present a report as to whether the handwritings of the said materials were of the same person before the next date, March 13.

The bench comprised the Chief Justice Sarath N. Silva PC, Justices Dr. S. Bandaranayake and J.A.N. de Silva.

In this application, the petitioner a schoolgirl has cited actor Kamal Addaraarachchi as the respondent.

The Petitioner claims that respondent was convicted for abduction and the committing of rape on her and sentenced him for ten years RI with a fine of Rs. 1,000,000 with a default term of two years' RI. A sum of Rs. 900,000 out of the said fine was ordered to be paid to the petitioner. Later, consequent to appeal to the Court of Appeal against the said conviction and the sentences by the accused, the Court of Appeal acquitted him.

The petitioner prayed the court to set aside the acquittal of the accused and to restore the conviction and the sentence imposed on the accused by the High Court.

D.S. Wijesinghe PC Counsel for the respondent Kamal Addaraarachchi submitted that during the trial the High Court did not allow the defence application to forward the said letter to the EQD as to whether it was written by the prosecutrix. Senior State Counsel Yasantha Kodagoda said that the court did so as the letter was not formally produced.

The action was put off for March 13.

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