Gross indecency:

Van driver acquitted

Wasantha Ramanayake

COLOMBO: The Court of Appeal acquitted a school van driver charged with wrongful confinement of four schoolboys and committing gross indecency on one of the boys.

The Bench comprised Justice Sisira de Abrew and Justice Eric Basnayake.

The Court noted that the evidence in relation to the wrongful confinement of the victims went to the very root of the case and were seriously and materially contradictory.

The Court added that the prosecution had failed to establish the specific ingredients of the wrongful confinement beyond reasonable doubt.

Justice Abrew delivered the order with Justice Basnayake agreeing.

Counsel for the accused-appellant, Dr. Ranjit Fernando submitted that the victims’ evidence were contradictory; although two boys alleged gross indecency of the driver the other two had not stated but instead had testified that since it was raining heavily they had not got off the van and no act of indecency was committed upon them by the accused.

The Colombo High Court had convicted the van driver on four counts including committing gross indecency on the boys and wrongful confinement and had sentenced him to 10 years’ rigorous imprisonment.

The Court of Appeal set aside the conviction and the sentence imposed by the High Court.

According to the judgment, the accused-appellant had picked up the students to be dropped at their schools, three leading schools in Colombo. It was charged that he had failed to drop them at their schools but had forcibly taken them to a van park near Gangaramaya and undressed one boy and touched his private parts.

Dr. Ranjit Fernando appeared for the accused-appellant.

Deputy Solicitor General Sarath Jayamanne appeared for the Attorney General.