Kankanamge Nalin and Kankanamge Nalin vs Kamalsiri and others S.C(FR) No. 599/2011

His wife’s complaint is that she was assaulted by the 2nd and 3rd Respondents. Although she says in her affidavit that she suffered unbearable pain in the abdomen. Dr. who examined her on the day of the alleged incident has made the following observations. “No head injuries, no E.N.T. bleedings, no vomiting and no abdomen pain”. Therefore we feel that her complaint of assault has also not been supported by medical evidence. Both stories narrated by the 1st Petitioner and the 2nd Petitioner have not been presented with high degree of certainty. In this connection, I would like to rely on the judicial decision in,

As observed by us both stories narrated by both Petitioners have not been supported by medical evidence. Further the 1st Petitioner had admitted to the J.M.O. that he had had a fall. He had also admitted to the Dr. Jayamalee that he had consumed a 4 bottle of toddy on the day of the incident. When I consider all the above matters, it is difficult to place reliance on the story narrated by the Petitioners. Considering all these things, we hold that the Petitioners have not presented their case to the satisfaction of this Court. We therefore can’t rely on the complaint of both Petitioners. For the above reasons, we dismiss the Petition of the Petitioner.

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