A Police Sergeant attached to the Cinnamon Gardens Police has been acquitted and released from a theft case by Colombo Chief Magistrate's Court after the defence created a reasonable doubt that the Crime OIC of the same police station had personal animosity towards the accused to the false institution of criminal proceedings against the Police Sergeant.

 

The Colombo Chief Magistrate ordered to release and acquit Police Sergeant Ananda Lal from the theft charges since the prosecution has failed to prove its case beyond a reasonable doubt. 

Defence evidence was unchallenged during the trial to the effect that the Crime OIC of Cinnamon Garden Police Station Nalin Jayasundara had personal animosity towards the Police Sergeant and had threatened to implicate in a false case. About one year before the commission of the alleged theft, the Police Sergeant had complained with the Human Rights Commission of Sri Lanka in this regard seeking a recommendation to receive a transfer with immediate effect. 

 

The Police Sergeant was charged before the Chief Magistrate's court for committing theft of one million rupees belonging to a customs officer in the early hours of the morning of May 4, 2013. The complainant had made a complaint alleging that his motor car parked on the roadside at Sarana Road in Colombo 7 had been stolen. He has also indicated the fact that he cannot exactly remember where he parked the car in the night.  Police Sergeant Ananda Lal had been deployed to inquire about this complaint. Subsequently, Police Sergeant was able to recover the car at a car park of an aquatic club. Police Sergeant was also able to recover a parcel of money inside the car and took steps to hand it to the police station without returning it to the complainant adhering to the due process of police inquiry. At this point, the Police Sergeant was arrested on the instructions of the Crime  OIC for allegedly stealing money belonging to the complaint.

 

It was transpired in court that the Police Sergeant had followed the provisions of the Criminal Procedure Code in respect of the recovery items after maintaining a crime record book.

 

The trial was concluded before the former Chief Magistrate Lanka Jayaratne and her successor Buddhika C. Ragala sent the case to Judicial Service Commission to appoint former Chief Magistrate Lanka Jayaratne to deliver the judgment. Pronouncing the judgment, Colombo Chief Magistrate Buddhika Sri Ragala ordered to release of the accused as the evidence of Police officers including lead investigator Nalin Jayasundara is full of contradictions.

 

Senior Counsel Darshana Kuruppu with Counsel Chinthaka Udadeniya appeared for the accused. (Lakmal Sooriyagoda)