60-year rigorous imprisonment for raping 11-year-old girl

By Upali Ananda   

An accused who stood indicted with rape and impregnating an  eleven-year-old schoolgirl was found guilty under three counts and  sentenced to 60 years rigorous imprisonment by Kandy High Court Judge W.  Darshika Wimalasiri.   

The accused Kandasamy Velu Krishnan of Jambugahapitiya Estate in Paranapattiya was the victim’s stepfather and her mother’s  husband of the second marriage. It had been confirmed through the DNA  test that the child had been fathered by the accused.  The accused was fined Rs.10,000 under each count and  ordered to pay Rs. 01 million as compensation to the victim and sentenced  to further one-year imprisonment in default of the fine and two years  rigorous imprisonment in default of the compensation payment.   

When the judge informed the defence that the court decided  to convict the accused of all three counts, the defence counsel  Mervin Silva submitted that the accused was the father of three daughters of  5, 12 and 14 years of age and pleaded in mitigation in view of their  maintenance and education.  

However, State Counsel Attorney-at-Law Tharaka Kodagoda  submitted she was shocked to hear the story of the victim who testified  from the dock and requested court to impose maximum punishment on the  accused. She told court that she had appeared for the prosecution in  several rape cases but it was for the first time that she experienced  the case of an eleven-year-old girl who was subject to incest and  ultimately destined to deliver a child.   State counsel further submitted the other girls in the  family would face a similar fate if the accused was released to society.   

The judge who held that the prosecution had established the  charges against the accused beyond reasonable doubt sentenced the  accused to 20 years imprisonment under each count, amounting to an  aggregate of 60 years.   

The 22 prosecution witnesses including former JMO of  Kegalle General Hospital D.P.P.Senasinghe, and Deputy Govt. Analyst  D.H.L.W.Jayamanna gave evidence.