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Man convicted of rape wins appeal
View(s):A man who was convicted by a court in Embilipitiya of abduction and rape of a woman won his appeal at the Court of Appeal this week. The Embilipitiya High Court found Yahawela Vidanalage Appuhamy guilty, sentenced him to ten years rigorous imprisonment and fined him Rs. 5,000.
His lawyer Ranjit Fernando argued before the Court of Appeal that his client was known to the victim and the witness and he was not identified as the person who had committed the crime. He also stated that the evidence of the witness was contradictory.
Considering the submissions made, the Bench comprising Justices Sisira de Abrew and P.W.D.C. Jayathilake was of the view that the prosecution had not proved its case beyond reasonable doubt. Additional Solicitor General Buveneka Aluvihare admitted that he was unable to support the conviction.
The Court set aside both convictions and acquitted Mr. Appuhamy. The Court directed the Registrar to send a copy of the judgment to the Commissioner General of Prisons and directed that the accused be released from the prison immediately.
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