People vs. Peduru Nandage Janaka Pushpakumara – CA/HCC/0037/20-2022

In the case between the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Plaintiff/Complainant-Respondent) and Peduru Nandage Janaka Pushpakumara (Defendant/Accused-Appellant), the court addressed the appropriateness and modification of sentences imposed for kidnapping and statutory rape under Section 364(2)(e) of the Penal Code as amended. It was determined that, while statutory minimum sentences are prescribed, judicial discretion permits non-custodial sentencing in exceptional circumstances. The principle reaffirmed was that mitigating factors—including the absence of prior similar convictions, the relationship between the parties, and the early admission of guilt—may justify a suspended sentence even in the context of mandatory minimum offenses. Reliance was placed on