Marmba Liyanage Rohana alias Loku v. The Attorney General – SC APPEAL NO. 89 A/2009-2011

In the case between Marmba Liyanage Rohana alias Loku (Accused-Appellant) and the Attorney General (Respondent), the Supreme Court addressed the issue of sentencing discretion under Section 364(2)(e) of the Penal Code, following the Court’s earlier determination which relaxed the mandatory nature of custodial sentences for rape. The principal holding established that, notwithstanding the accused being technically guilty of rape and abduction, the particular circumstances and mitigating factors justified imposing a suspended sentence of two years rigorous imprisonment (suspended for ten years), rather than an immediate custodial sentence. The imposition of the fine and default term was affirmed. This outcome reaffirmed the principle that courts retain discretion in sentencing even for offen