Hon. Attorney General vs Devanarayana Acharige Thilak Premalal alias Thilak – CA 31/2014-2016

In the case between the Hon. Attorney General (Plaintiff/Respondent) and Devanarayana Acharige Suranga (2nd Accused – Appellant), the court addressed the issue of whether the sentence imposed on the 2nd Accused was unjustly severe in comparison to that imposed on the co-accused, especially given that the 2nd Accused was tried in absentia. The court held that the mere absence of an accused at trial or a plea of not guilty should not warrant the imposition of a harsher sentence. The key principle reaffirmed was that sentencing disparity between co-accused, where one pleads guilty and the other is tried in absentia, must be justified by evidence and mitigating factors, and absence alone is insufficient. Reliance was placed on established precedent and the Penal Code, with the decision emphasi