Sesathpura Dewage Jayantha Kumara Mudaliyawela v. Hon. Attorney General – CA 103/2011-2011

In the case between Sesathpura Dewage Jayantha Kumara Mudaliyawela (Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed the issue of whether the sentence for abduction and rape imposed under Sections 354 and 364(2)(d) of the Penal Code should be backdated to the date of conviction. It was held that the application to backdate the sentence to the conviction date was allowed, provided the appeal was withdrawn, reaffirming the principle that judicial discretion may be exercised in sentencing when both parties are in agreement, especially where substantial time has already been served in remand. The decision relied on the lack of objection from the prosecution and the willingness of the appellant to withdraw the appeal, emphasizing the pragmatic use of judicial d