J.M. Sumith Karunaratne v. Hon. Attorney General et al. – CA MC-RV/10/2015-2015

In the case between J. M. Sumith Karunaratne (Petitioner) and the Hon. Attorney General, Commissioner General of Prisons, Superintendent of Mahara Prison, and Hon. Wijedasa Rajapakse, P.C. (Respondents), the court addressed the legality of the petitioner’s conviction and sentencing on multiple counts arising from four separate charge sheets, with particular focus on the validity of alternative charges under Section 396 of the Penal Code (theft). It was held that alternative charges under Section 396 cannot be maintained alongside theft charges, compelling the court to quash those convictions and sentences. The principle reaffirmed is that convicts cannot be found guilty on both theft and its statutory alternative when arising from the same incident. Reliance was placed on the Penal Code, w