Attorney General vs. Mayagodage Sanath Dharmadiri Perera – CA PHC APN 147/12-2016

In the case between the Honourable Attorney General, Attorney’s Department, Colombo 12 (Complainant-Petitioner) and Mayagodage Sanath Dharmadiri Perera (Accused-Respondent), the court addressed whether the sentence imposed by the High Court of Colombo for multiple counts of kidnapping and rape was grossly inadequate, improper, and contrary to law. It was held that the suspension of imprisonment granted by the High Court was illegal under Section 303(2)(d) of the Criminal Procedure Code, as the aggregate sentence exceeded the two-year suspension threshold, and given the gravity of the crimes, a long custodial sentence was warranted. The decision reaffirmed the principle that statutory minimums and mandatory sentencing provisions must be observed, especially in cases involving serious offens