Thangaraj Jesudasan vs. The Honourable Attorney General – CA – HCC 123/2018-2022

In The Democratic Socialist Republic of Sri Lanka (Attorney General) v. Thangaraj Jesudasan, the court addressed whether imposition and affirmation of a death sentence on an appellant, who was 15 years old at the time of the offense, remained lawful under section 296 read with section 32 of the Penal Code in light of subsequent statutory amendments. The holding established that affirming a death sentence against a juvenile contravened amended section 53 of the Penal Code (Act No. 25 of 2021), which prohibits the death penalty for those under 18 at the time of the offense, and that the amendment’s spirit guides current sentencing even if not technically retrospective. The key principle reaffirmed is that sentencing must align with current statutory standards protecting juvenile offenders. T