How does the court view the motive alleged by the defence?

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The Court Considers the Defence's Alleged Motive for Fabricating Evidence Improbable

The Court of Appeal has dismissed the defence's assertion that the victim's biological father had a motive to fabricate evidence due to a desire for custody. Justice P. Ravinthran, delivering the unanimous decision, found this alleged motive to be improbable, thereby upholding the conviction and sentence of the appellant. The court's view on this alleged motive was a key factor in their dismissal of the appeal.
Improbability of Custody-Related Fabrication

Justice Ravinthran explicitly stated that the defence's claim concerning the victim's biological father's motive for fabricating evidence was improbable. This suggests the court did not find a logical or credible link between the father's potential desire for custody and any alleged act of manufacturing evidence. The ruling implies that the evidence presented did not support such a scenario as a plausible explanation for the case's circumstances.
Dismissal of Appeal Based on Evidence Assessment

The Court of Appeal's assessment of the defence's alleged motive formed part of the broader decision to dismiss the appellant's appeal against his conviction and the nine-year prison sentence. The court found no merit in the arguments presented, including those pertaining to discrepancies in the date of the incident. This indicates a thorough review of the case's evidence and legal arguments by the three-man panel.
Affirmation of Sentence and Conviction

Ultimately, the Court of Appeal upheld the nine-year jail sentence and three strokes of the cane imposed on the night market trader for sodomising his stepdaughter in 2019. The court deemed the sentence adequate and not excessive, reinforcing the original decision made by the Sessions Court and subsequently affirmed by the High Court. The man was ordered to commence his prison sentence immediately.

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How does the court view the motive alleged by the defence?

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