Fawool Hameed Muhuthar vs The Attorney general – CA/HCC/160/2023-2025

In Halwathage Achini Dilshika Maduwanthi vs Fawool Hameed Muhuthar, decided by the Court of Appeal of the Democratic Socialist Republic Sri Lanka on 01.04.2025, the issue of sentencing in a case of rape was addressed. It was determined that the sentence imposed by the High Court, in accordance with Section 364(2)(e) of the Penal Code and supported by established legal precedents, was to be upheld. This decision reaffirmed the principle that the legislature’s prescribed punishment provides the framework for sentencing in serious sexual offenses, and that mitigation of sentence is unwarranted absent substantial mitigating evidence.

B. Sasi Mahendran, J.: It was found that the evidence from 15 witnesses and the marked productions established the commission of the offense as charged. The