Kankanam Vitharanage Chandrasekera Alias Kiriputha v. Hon. Attorney General – CA CASE NO:-153/2012-2016

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Plaintiff/Respondent), and Kankanam Vitharanage Chandrasekera Alias Kiriputha (2nd accused-appellant) (Defendant/Appellant), the court addressed the issue of whether a harsher sentence imposed on the 2nd accused-appellant for pleading not guilty and being found guilty at trial, as compared to the more lenient suspended sentence imposed on the 1st accused who pleaded guilty, constituted excessive or discriminatory punishment. It was held that, despite no explicit indication of bias in sentencing due to pleading not guilty, a significant disparity existed between sentences of co-accused in identical circumstances. The principle was reaffirmed that sentencing should not penalize an accused solely for exe