Nissanka Aratchchige Jayatilaka vs Hon Attorney General – CA HC/256/2014-2018

In the case between Nissanka Aratchchige Jayatilaka (Accused-Appellant) and the Hon Attorney General (Respondent), the court addressed the issue of whether the conviction and sentence for the offence of rape under Section 364(1) of the Penal Code should be affirmed after the Accused-Appellant sought to withdraw the appeal and requested that the sentence be backdated to the date of conviction. The conviction and sentence were affirmed, with the sentence ordered to be effective from the original date of conviction. This decision reaffirmed the principle that where an appeal is withdrawn with the consent of the respondent and in the absence of objection, the court may allow such withdrawal and address ancillary requests such as backdating of sentence. The court relied on the submissions made