K.D. Dilshan Tharupathi v. Hon. Attorney General – CA 176/2011-2015

In the case between K.D. Dilshan Tharupathi (Appellant) and Hon. Attorney General, Department of the Attorney General, Colombo 12 (Respondent), the court addressed the issue of the commencement of a suspended sentence following the appellant’s conviction on three counts of rape, where both appellant and victim were minors. It was held that the period of suspension for the sentence should be calculated from the original date of conviction, upon the appellant’s withdrawal of appeal and application under Section 359 of the Criminal Procedure Code. This decision reaffirms the principle that, where no objection is raised and all conditions of sentence are satisfied, the sentence suspension period may be deemed to commence from the date of conviction. Reliance was placed on Section 359 of the Cr