Samaranayaka Pathirannahalage Dimuthu Deepal Kumara vs. The Hon. Attorney General – CA HCC/173/2020-2021

In the case between the Attorney General (on behalf of the Democratic Socialist Republic of Sri Lanka) and Samaranayaka Pathirannahalage Dimuthu Deepal Kumara, the court addressed the issue of whether the statutory mandatory minimum sentences imposed for kidnapping and grave sexual abuse of a minor under sections 354 and 365b(2)(b) of the Penal Code should be reduced in light of the specific circumstances. It was held that the custodial sentences originally imposed by the High Court were unduly harsh in view of the consensual nature of the relationship and absence of serious harm to the victim. The court reaffirmed the principle that sentencing discretion may be exercised where mitigating circumstances exist, relying on applicable precedents including SC Appeal No. 89A/2009 and SC Appeal N