Sangarapillai Sangarganesh vs. Hon. Attorney General – CA HCC/241/20-2023

In the case between the Hon. Attorney General and Sangarapillai Sangarganesh, the court addressed the issue of whether the penalty imposed for convictions of kidnapping and rape should be varied, particularly with reference to the legal principles governing mandatory minimum sentences under Section 364(2)(e) of the Penal Code. The court held that judicial discretion may be exercised to depart from statutory minimums, provided such discretion is grounded in established legal precedents and constitutional considerations. The holding reaffirmed the principle that sentencing discretion remains with the judiciary, even amid statutory minimum sentences, as previously recognized in Maramba Liyanage Rohana alias Loku vs Attorney General and related authorities. This decision emphasized the role of