In The State of Uttar Pradesh vs Tribhuwan, the High Court had set aside the entire jail sentence of respondent No.1 while upholding his conviction under Section 325 IPC.
The Supreme Court on appeal by the State held that so far as Section 325 IPC is concerned, its reading would show that once the accused is held guilty of commission of offence punishable under Section 325 IPC, then imposition of jail sentence and fine on the accused is mandatory. In other words, the award of punishment would include both, i.e., jail sentence and fine. So far as jail sentence is concerned, it may extend upto 7 years as per Court’s discretion whereas so far as fine amount is concerned, its quantum would also depend upon the Court’s discretion.
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