Attorney General v. Meragal Pedilage Saman Kumara et al. – CA HCC/0022/18-2023

In the case between the Attorney General (Appellant) and the accused (Respondents) in a prosecution for gang rape, the central issues concerned the legality of the trial court’s decision to impose sentences below the minimum mandatory terms prescribed by section 364(2) of the Penal Code (as amended). It was determined that judicial discretion could not supersede clear legislative requirements for minimum sentencing, especially in cases involving serious offences such as gang rape and in the absence of compelling mitigating circumstances. The review invoked relevant legislative provisions and judicial precedents, establishing that a sentence failing to observe mandatory sentencing requirements is unlawful. The Court of Appeal set aside the initial sentence and ordered a revised sentencing t