Jayantha Aberathna vs Chief Inspector B.W.C. Dharmaratna and others SC(FR) No. 222/2014

The Petitioner in this case complains that he was arrested on 21.06.2013 by the 1st Respondent who is the Officer-in-Charge of the Police Station, Teldeniya. He was later produced before the Magistrate, Teldeniya as a suspect for stealing eleven pieces of sandalwood from the Magistrate’s Court of Teldeniya. He was a Civil Security Guard attached to Teldeniya Police Station. The Petitioner further complains that after the arrest he was assaulted by the 1st Respondent. Petitioner tries to support the assault launched by the 1st Respondent by his wife’s affidavit marked as P8.Petitioner’s wife Renuka Malkanthi Wickramasinghe in the said affidavit states that on 21st of June 2013 around 4.00 p.m she received a telephone call from her husband to the effect that he ( her husband) was in police custody and after the receipt of the said telephone call she proceeded to Teldeniya Police Station. She, in her affidavit, further states that at Teldeniya Police Station she saw her husband being assaulted by the 1st Respondent. She further states that her husband’s face, hands and two sides of the body were swollen. This observation suggests that the Petitioner had sustained injuries in the said areas.

We have earlier pointed out that the story narrated by the Petitioner is doubtful. When we consider all the above matters, we are unable to place high reliance on the story narrated by the Petitioner. Therefore we hold that the Petitioner has not proved his case with high degree of
certainty. When we consider all the above matters, we are unable to believe the story narrated by the Petitioner. For the above reasons, we dismiss the Petitioner’s case. Considering the facts of this case, we do not make an order for costs.

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