Reginold Joshep Seneviratne Vs. Han. Attorney General – CA 261/2015-2015

In the case between the Democratic Socialist Republic of Sri Lanka (Complainant-Respondent) and Reginald Joshep Seneviratne (3rd Accused-Appellant), the court addressed the issue of sentencing disparity under Section 394 of the Penal Code for retention of stolen property. It was determined that the custodial sentence imposed on the 3rd Accused-Appellant by the High Court, who was tried in absentia, was disproportionate compared to the suspended sentences given to similarly charged co-accused who pleaded guilty. The court reaffirmed the principle that sentencing must maintain fairness and proportionality, with absconding from trial not serving as a sole basis for a harsher sentence, and emphasized adherence to statutory limitations under the Criminal Procedure Code. The decision relied on p