Paththan Appuge Nuwan Kumara vs Hon. Attorney-General – HCC 23/21-2023

In the case between Paththan Appuge Nuwan Kumara (Accused-Appellant) and the Attorney-General, the court addressed the withdrawal of the appeal by the accused. It was determined that the application to withdraw the appeal be allowed, and the conviction continue to run from the original date of conviction. The court reaffirmed the principle that a conviction remains effective unless successfully appealed, and clarified that when an appeal is withdrawn, the sentence continues from the date of the initial conviction. This approach relied on procedural practices governing criminal appeals, emphasizing that withdrawal of an appeal does not alter the commencement date of serving a sentence.

Menaka Wijesundera J. — It was recorded that the counsel for the accused/appellant requested to withdraw