Hapugastenna Manannalage Shantha Kumarasiri vs. The Hon. Attorney General – CA/HCC/0128/22-2024

In the case between Hapugastenna Manannalage Shantha Kumarasiri (Accused-Appellant) and The Hon. Attorney General (Complainant-Respondent), the court addressed the issue of sentencing for offences including kidnapping from lawful guardianship and statutory rape under Sections 354 and 364(2) of the Penal Code. It was held that, notwithstanding statutory mandatory minimum sentences, judicial discretion can be exercised in exceptional circumstances to impose a sentence that accounts for the individual circumstances of the offender. The holding reaffirmed that constitutional provisions and principles of proportional justice may prevail over statutory minimums when warranted. This decision relied on Supreme Court Reference No. 03 of 2008 and relevant Penal Code sections, emphasizing the signifi