Successful appellant cannot be held in jail

Appellate Court rules:

By Chitra Weerarathne

The Court of Appeal has, in a recent judgement, said that the Commissioner General of Prisons is not entitled to keep any accused appellant in his custody, when petitioner is acquitted by the Court of Appeal.

The Court has said it is not necessary for the prison authorities to produce the accused appellant before the High Court Judge to get a release order.

The Appellate Court has directed the Commissioner General of Prisons to release the accused appellant from prison custody, when he receives a copy of the judgment acquitting the accused appellant and setting aside the penalty.

The accused appellant, in the case, was convicted for abducting and raping a woman. On the first count he was sentenced to a three-year rigorous imprisonment term, with a fine. On the second count he was sentenced to ten years rigorous imprisonment with a fine. The Court of Appeal acquitted the accused appellant Y. V. G. Appuhamy and set aside the penalties imposed by the High Court, which had convicted him. Dr. Ranji Fernando appeared for the accused appellant. The judgment was by Justice P. W. D. C. Jayatillake with Justice Sisira de Abrew agreeing.

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