Samarasingha Hewage Nishantha alias Sudda vs The Hon. Attorney General – CA-HCC-40/22-2025

In the case between the Samarasingha Hewage Nishantha alias Sudda and Hon. Attorney General, the court addressed the appropriateness of the sentence imposed for rape under Section 364(2)(e) of the Penal Code. It was held that the original sentence did not properly consider the mitigating factors relating to the Accused’s personal circumstances and that a reduction of the term of imprisonment to the statutory minimum was warranted. The principle reaffirmed was that sentencing must strike a balance between statutory mandates and individual mitigating circumstances, guided by established legal precedents and sentencing guidelines. The decision clarifies that sentences should not exceed the minimum unless aggravating factors clearly outweigh any mitigatory factors.

B. Sasi Mahendran, J. —