It appears that the learned trial Judge has failed to appreciate thelegal principles governing the burden of proof in offences of this nature. 30
Non appreciation and misconception of the legal position in regardto burden of proof in my view has resulted in a grave mis-carriage ofjustice.
Therefore quite apart from other matters urged, at the hearing ofthis application, this ground alone would in my view be sufficient to setaside the order of acquittal entered in the case.
Accordingly a re-trial is ordered and the case is remitted to the HighCourt of Gampaha for re-trial.
Appeal allowed. Re-trial ordered.