Udatiyawalage Chaminda Kumara Udatiyawala v. Hon Attorney General – CA NO. 164/2011-2011

In the case between Udatiyawalage Chaminda Kumara Udatiyawala (Accused-Appellant) and the Hon Attorney General, Attorney General’s Department (Respondent), the court addressed whether the Accused-Appellant’s appeal should be allowed or withdrawn, and whether the sentence imposed should be backdated to the date of conviction under Section 359 of the Criminal Procedure Code. It was held that sufficient grounds existed to exercise the court’s discretion under Section 359, permitting the backdating of the sentence to the date of conviction (22.11.2015), and dismissing the appeal. The principle reaffirmed was that in appropriate circumstances—such as youth and absence of previous convictions—the sentence may be made effective from the original conviction date, in line with statutory provisions.