Welmillage Don Ann Devika Sanjeewani v. Hon. Attorney General – CA HC/36/2009-2009

In the case between Welmillage Don Ann Devika Sanjeewani (Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the appeal filed by the Accused-Appellant for procuration under Section 360(a)(1) of the Penal Code should be withdrawn, and whether the sentence could be backdated under Section 359 of the Code of Criminal Procedure Act. The holding established that the appeal was withdrawn at the appellant’s request, the sentence was backdated to the original judgment date, and all sentences by the High Court were maintained, conditional upon immediate payment of the imposed fine and compensation to the victim. The legal reasoning reaffirmed the principle that backdating of sentences can be permitted upon withdrawal of appeal and in accordance with statutory