Arasa Marakkalage Milton Galahitiya vs Hon Attorney General – CA 262/2012-2014

In the case between Arasa Marakkalage Milton Galahitiya (Accused-Appellant) and the Hon Attorney General, Attorney General’s Department, Colombo 12 (Respondent), the court addressed the issue of sentence mitigation for a conviction of rape of a minor under Section 364(2) of the Penal Code (Amendment) Act No. 22 of 1995. It was determined that, although the serious nature of the offense necessitates a deterrent penalty, the Accused-Appellant’s age and medical condition warranted a reduction in the sentence. The principle reaffirmed was that, while the gravity of sexual offenses against minors requires substantial punishment, exceptional personal circumstances may be considered for mitigation. The decision relied on statutory mandates and sentencing principles, emphasizing the balance betwee