Saruwa Liyanage was sentenced to 15 years Rigorous Imprisonment by the Colombo High Court for allegedly raping an underaged girl. He had filed this application seeking an order to release him on bail.
President’s Counsel Sarath Jayamanne with counsel Dharshana Kuruppu appearing for the accused-appellant submitted that the conviction of the High Court cannot be sustained as the victim during the High Court trial had categorically denied the accused committed rape on her. Therefore, Jayamanne argued that conviction is illegal and sought an order to release his client on bail.Taking into consideration the facts, the Court of Appeal two-judge-bench comprising Justice Menaka Wijesundera and Justice Neil Iddawala ordered to issue notices on the respondents in the petition.
Former Pradeshiya Sabha Chairman has already filed an appeal seeking the jurisdiction of Court of Appeal to review and set aside his conviction and the rigorous imprisonment imposed by High Court on January 17, 2020. Filing this revision petition through counsel Dharshana Kuruppu, the petitioner is seeking an order to revise Colombo High Court’s order to refuse him bail. The petitioner said the main victim of the case has categorically denied that the Petitioner committed rape on her and thereby he urged this fact be considered as an exceptional circumstance.
The petitioner further said that he is more vulnerable to the COVID-19 and especially its ‘new variant’ since there are many inmates who have tested positive for the virus.
The Attorney General had filed an indictment against the former Akuressa Pradeshiya Sabha Chairman Saruwa Liyanage Sunil for allegedly raping an underaged girl in Akuressa between May 23, 2012 and July 2, 2012.