Saruwa Liyanage Sunil vs. The Hon. Attorney General – CA HCC/0120/2020-2022

In the case between Saruwa Liyanage Sunil (Accused-Appellant) and the Hon. Attorney General (on complaint by Weerasinghe Pathiranage Sadushi Umanga) (Complainant-Respondent), the court addressed the propriety of the conviction for rape under Section 364(2) of the Penal Code. It was held that the conviction was improper, as the legal requirements for independent corroboration of a video-recorded statement under Section 163A(5) of the Evidence Ordinance were not satisfied and the prosecution procedure during trial did not adhere to required standards. The core principle reaffirmed is that corroboration of video-recorded testimony must be truly independent, and deviations from proper evidentiary procedure that affect fairness may warrant acquittal. This decision emphasized the impact of stric

REF: CA HCC/0120/2020-2022 Category: Tag:
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