The Attorney General vs Susil Dammika Somasundara – CA 87/2015-2015

In the case between the Attorney General of the Democratic Socialist Republic of Sri Lanka (Complainant-Appellant) and Susil Dammika Somasundara (Accused-Respondent), the court examined whether the suspended sentence of 5 years rigorous imprisonment imposed by the High Court of Badulla for Criminal Breach of Trust under Section 391 of the Penal Code was lawful under statutory sentencing limitations. It was held that suspension of a custodial sentence exceeding two years is not permitted by law, as set out in Section 303 of the Code of Criminal Procedure. The principle reaffirmed is that sentences of imprisonment exceeding two years cannot be suspended by courts. This determination relied on relevant statutory provisions and case law, underscoring that non-compliance with mandatory sentenci