019-NLR-NLR-V-77-G.-P.-S.-NANAYAKKARA-Appellant-and-THE-STATE-Respondent.pdf
Xanayaklcara v. The Stale
126
Present : Samerawickrame, J., Udalagama, J.,
and Sharvananda, J.
G. P. S. NANAYAKKARA, Appellant, and THE STATE,
Respondent
S.C. 4/73 (Bribery)—D. C. Nuwara Eliya, 51
Bribery Act (Cap. 26)—Conviction under section 16 or section 19—Sentence—Requirement of fine in addition to imprisonment.
When a person is convicted of an offence falling under section 16or section 19 of the Bribery Act (as amended), a sentence of a fineis mandatory in addition to the sentence of imprisonment.
1**—A 07437 (06/74)
126
SAMERAW'IGKliAIiLE, J.—Nanayukkara v. The State
A.PPEAL from a judgment of the District Court,Nuwara Eliya.
E. R. S. R. Coomaraswamy, with Prins Gunasekera,T. Joganathan and S. C. B. Walgampaya, for the accused-appellant.
G. L. M. de Silva, State Counsel, for the Attorney-General.
February 25, 1974. Samerawickkame, J.
Learned counsel for the accused-appellant has not urged beforeus any good ground why the conviction of the appellant shouldbe set aside. The conviction is therefore affirmed. It is submittedhowever that the sentences imposed on the accused by thelearned District Judge would operate harshly inasmuch as theaccused has been sentenced to undergo terms of imprisonmentin respect of each count consecutively though counts 1 and 2were framed in respect of one and the same act and counts 3 and4 also were framed in respect of one other act. It is thereforesubmitted that the sentences of imprisonment on counts 1 and2 should run concurrently and the sentences of imprisonmenton counts 3 and 4 should run concurrently. We think that thereis force in this submission and we accordingly make order thatthe sentences of imprisonment imposed by the learned DistrictJudge on counts 1 and 2 should run concurrently and thesentences of imprisonment in respect of counts 3 and 4 shouldrun concurrently and that the accused appellant will serve in alla period of 2 years’ rigorous imprisonment.
Learned State Counsel submits that there should be a sentenceof a fine in addition to the sentences of imprisonment havingregard to the provisions of Sections 16 and 19 of the BriberyAct. We impose a fine of Rs. 25 on each of the 4 counts. TheDistrict Judge will take action in terms of Sections 243, 244 and245 of the Administration of Justice Law in respect of therecovery of the fines imposed. The penalty of Rs. 250 imposed bythe learned District Judge will stand. Subject to the variationin sentence the appeal is dismissed.
Udalagama, J.—I agree.
Sharvananda, J.—I agree.
Appeal dismissed, subject to variation in sentence.