The prosecution in the trial of a 30‑year‑old man who is charged with offences relating to rape has said that the victim has identified the accused three times and this is not a case of mistaken identity.
Prosecution lawyer Kimberly Semisi has told the assessors that the defence will want them to believe this is a case of mistaken identity but the victim saw the face of the accused in broad daylight when the offence was committed and identified him in the police identification parade and in court as well.
Semisi said the victim was punched, strangled, dragged into a vacant house, raped and hit on the head several times with a piece of timber and corrugated iron.
Defence lawyer Nilesh Lajendra said in his closing submission that the crime was definitely committed against the complainant but not by the accused.
He said DNA samples collected from the white t‑shirt that was used to tie the complainant's hands had contained DNA of the complainant and an unidentified unknown male.
Lajendra said the piece of timber that was used to brutally assault the complainant contained her DNA and of an unidentified and unknown male.
He said the DNA report creates a doubt and it is not safe to convict the accused.
The 30-year-old man is charged with one count each of rape, act with intent to cause grievous harm and intent to assault to commit rape.
The alleged incident occurred on the 20th of November, 2016.
High Court Judge Justice Thushara Rajasinghe will sum up the case at 9.30am tomorrow.
Both parties will give their written submissions today.
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