Selliah Dharmalingam vs The Hon. Attorney General – CA 91/2012-2016

In the matter of the Attorney General (Complainant-Appellant) and Selliah Dharmalingam (Accused-Respondent), the court addressed the issue of the adequacy and legality of a suspended sentence for rape of a minor. The court held that the suspended sentence imposed by the High Court was inadequate given the aggravating circumstances, including the victim’s youth and the accused’s position of trust, and enhanced the sentence to the mandatory minimum of 10 years rigorous imprisonment. This decision reaffirmed the principle that custodial sentences, deterrent effects, and consideration of aggravating factors are crucial in sentencing for rape, particularly when minors are involved. The appeal was allowed.

K. K. Wickramasinghe, J. delivered judgment, finding the High Court’s suspended sentence