Appeal application dismissed for rapist
John Naidu had pleaded guilty to raping the 78 year old woman on 28th August, 2009 at Vunivere, Seaqaqa and was sentenced accordingly to ten years behind bars.
Naidu appealed against the sentence saying it was too harsh and that he did not understand the particulars of the charges against him.
High court Judge Justice Priyantha Fernando ruled today that the victim is a 78 year old woman and it is a horrendous experience for a woman of that age, and is incapable of resisting such a sexual invasion.
Judge Fernando said therefore a deterrent punishment is justified and while the accused deserves much more severe punishment, he was sentenced to 10 years imprisonment as it was the maximum punishment that the Magistrate Court could impose.
He stated that he sees no reason to interfere with the conviction and the sentence imposed by the learned Magistrate and hence the appeal against the conviction and the sentence is dismissed.
Story by: Roneel Lal
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