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IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
MENAKA WIJESUNDERA, K.M.G.H. KULATUNGA, JJ
Warnakulasuriya Mudiyanselage Jayantha Warnasuriya. vs. Hon. Attorney General
| Table of Content |
|---|
| 1. procedural initiation details. (Para 1 , 2) |
| 2. arguments for sentencing mitigation. (Para 3 , 4) |
| 3. details of the crime and legal context. (Para 6 , 8) |
| 4. judicial discretion and reasoning in sentencing. (Para 12 , 14) |
| 5. final decision and sentence reduction. (Para 19 , 20) |
K.M.G.H. KULATUNGA, J.
Introduction
1. When this matter was initially called in the High Court of Kurunegala my sister Justice Menaka Wijesundera (as she then was) happened to be the presiding High Court Judge but was then heard and determined by her successor. However, when this appeal was taken up for argument Mr. Rikaz Riffard AAL., was appraised of the same. Mr. Riffard then informed that as those were mere mention dates prior to the trial the appellant has no objection to Justice Wijesundera being a member of this bench considering this appeal. Accordingly, this was taken up for argument on 11.11.2024.
2. The accused-appellant was indicted with three counts of grave sexual abuse committed on a girl less than 16 years of age and was convicted of count No. 01 and acquitted of counts 02 and 03 by Judgment dated 25.05.2022. Thereafter, the learned High Court Judge imposed a sentence of ten years ri
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