Gamini Kamal Ekanayaka v. Hon Attorney General – CA HC 127/2013-2013

In the case between Gamini Kamal Ekanayaka and the Hon. Attorney General, the court addressed the issue of whether the Accused-Appellant’s appeal should be withdrawn as per his and his counsel’s request, and whether the sentence should be implemented from the date of conviction under Section 359 of the Criminal Procedure Code. It was held that the appeal would be withdrawn, the sentence would be implemented from the date of conviction (24/07/2013), and all original conditions would remain unchanged. The decision reaffirmed the principle that when an appeal is withdrawn at the request of the accused and there is no objection from the prosecution, the sentence may be implemented from the date of conviction according to statute. The decision relied on Section 359 of the Criminal Procedure Cod