Elibichchiya Raalalaage Manuka Sampath Gnanasiri vs. Hon. Attorney General – CA HCC 162/2024-2025

In the case of Hon. Attorney General v. Elibichchiya Raalalaage Manuka Sampath Gnanasiri, the court addressed the issue of whether mandatory minimum sentences under the Penal Code for kidnapping and rape of a minor allow judicial discretion for deviation based on mitigating circumstances and recent Supreme Court interpretations. It was held that, while statutory minimum sentences are generally binding, the sentence for the kidnapping charge may be varied considering the specific circumstances, but sentences for rape were upheld. The principle reaffirmed is that judicial sentencing must observe statutory minimums, subject only to lawful exceptions recognized by higher court precedent, specifically referencing SC Reference No. 03/2008. The decision clarifies that mitigation is not broadly av