The Attorney General vs Mahagodage Ajith Kumara and others – CA PHC APN 0115/2022-2024

In the case of the Attorney General and Attorney General’s Department, Colombo-12 (Appellant) versus Mahagodage Ajith Kumara and Attanayake Mudiyanselage Samantha Kumara (Accused-Respondents), the court addressed the legality of the sentence imposed on the 1st Respondent by the High Court of Ampara, specifically concerning compliance with mandatory minimum sentencing for Gang Rape under Section 364(2) (g) of the Penal Code and related provisions of the Code of Criminal Procedure. It was determined that the imposition of a suspended sentence for a statutory minimum punishment was contrary to law and legislative intent, which mandates a minimum of 10 years rigorous imprisonment in such offences, with restrictions against the suspension of such sentences. The holding reaffirmed that judicial