Don Danushka Hewa Vitharana alias Pola Vs The Hon. Attorney General – CA HCC/0183/20-2023

In the case between the Democratic Socialist Republic of Sri Lanka (Complainant) and Don Danushka Hewa Vitharana alias Pola (Accused-Appellant), the court examined whether the imposition of an 18-year rigorous imprisonment sentence for statutory rape under section 364(2)(e) (as amended) was legally justified, and clarified the degree of judicial discretion available in sentencing. The findings established that, although the statutory scheme mandates a minimum sentence to protect children, judicial discretion remains to account for mitigating circumstances such as the appellant’s age and absence of prior convictions. The prior sentence was set aside in favor of a revised 10-year term of rigorous imprisonment, additional fines, and payment of compensation. The holding reaffirmed the principl