High Court Judge Justice Paul Madigan has quashed a partial 8 year prison sentence where the 33-year-old man was only serving his sentence in the weekends.
The earlier sentence was handed down by Nasinu Magistrate Sumudu Premachandra on the 25th of January this year where the former Special Police Inspector was convicted of raping his 22-year-old sister.
The state appealed the sentence on the ground that the Magistrate erred in law in imposing a partial suspended sentence and the Magistrate failed to consider Section 181 of the Sentencing and Penalties Decree 2009 in not imposing a non parole sentence.
In his judgement, Justice Madigan said the accused is now sent to the High Court for sentencing under the Criminal Procedure Decree.
He said a copy of this judgement will be sent to the Chief Registrar of the High Court to satisfy the requirement of the decree.
Judge Madigan will call the case on the 15th of this month for the parties to make sentencing submissions and to address him in mitigation.
The man is remanded.
It was revealed that under the previous sentence, he was going into prison on Friday afternoons and coming out on Sunday evenings.
Story by: Tokasa Rainima
Feature
Judge quashes partial sentence, rapist back in custody
