Volume : 3 Issue : 8

E Mail : nandmana@sltnet.lk www.hrokandy.blogspot.com

Historical Judgment, Trial concluded Within 4 Days

Accused sentenced to 20 years imprisonment

Divya lived with her father, grandmother, uncle, two sisters and a brother. Her mother had gone to the Middle East for employment. On the 08th November 2007 happen to be a Deepavali day, 'the Festival of Light' and she was alone at home. Mr. Jeevaratnam (43), the neighbor, had come to her house after consuming alcohol around 3.00 p.m. As soon as he entered the house he locked the door and closed the windows. Jeevaratnam has then threatened her to keep quiet with a knife and forced the minor to drink alcohol he had brought. When the minor started shouting, Jeevaratnam put a cloth in her mouth and dragged her to a mat. Thereafter Jeevaratnam forced her to lie down on the floor and raped her. When she regained consciousness after an hour, she found that her clothes had been removed and were torn. She felt serious pain in her stomach.

When her grandmother returned she has discovered the smell of alcohol from the victim and started questioning her. It was only after her uncle slapped her that she revealed what happened to her during their absence. The victim's family then took her to the Rottota police station and reported to a Women Police Constable (WPC) who could not understand the Tamil language and she was reluctant to record the complaint and requested her to come to the police station the following day. On the 09th November 2007, she was accompanied to the police station by her family members and recorded the complaint. Later on the same day, the police officers brought Jeevaratnam to the police station and interrogated them together. The suspect totally denied the allegation made against him by the victim. The victim was once again victimized by the actions of the police during the interrogation who were insensitive to the victim's mental and physical chaos. On the same day Divya was admitted to the Matale hospital and she was produced to the Judicial Medical Officer (JMO) on the 14th November 2007. After the victim was discharged on the 15th, she was once again taken to the Rattota police station at the request of the police. On the 16th November 2007, she lodged a complaint to the Matale police No. 256/157 C.I.B (1)) regarding the refusal to record the complain on the day of the incident. Divya was then brought to Kandy by the Human Rights office staff for counseling, protection and for her security. She was housed in Ampitiya and studied at the Ampitiya R.C school and at Peradeniya Tamil School. Divya sat for the GCE O/L exam in 2011 December and until now she is being protected by the Human Rights office. Divya was indeed lucky, her rape case came up in Kandy high court very early and the indictment was served on the 05 th September 2011 and the trial started on the 19th April 2012 and continued until 26th April 2012. The case was taken up for trial on 04 days dayto-day basis. Divya, her grandmother, the WPC, a police sergeant and the Judicial Medical Office (J.M.O), General Hospital, Matale Dr. D.L Waidyaratne gave evidence before the High Court Judge Manilal Vaidyathiaka. The accused gave evidence under crossexamination. Although the accused denied the allegation he did not offer any explanation why such a serious allegation was level against him. After both parties addressed the Court the Judge reserved the judgment on the 18th May 2012. On the 18th The High Court Judge pronounced the Judgment in open court. Mr. Nalin Hawawasam the state counsel prosecuted and Attorney-at-law of the HRO S. P. Pathmadakshan looked after the interest of the victim Divya. The trials of the rape case of Divya concluded on very special circumstances as the High court judge was determined to go for a speedy trial compared to many other cases of similar nature. Jesudasan Rita, a rape victim is on trial after 11 years of the incident. She was raped on the 12th August 2001 and the trial is still proceeding at Nuwara-Eliya high court.