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Emperor vs Shamji Ramchandra Gujar

Bombay High Court · Decided on 29 January 1914 · Citation: AIR 1914 Bom 29 : (1914) 16 BOMLR 202

HON’BLE JUDGES
Shah, J · Heaton, J
CASE NUMBER
Criminal Reference No. 128 of 1918
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Judgment

2 paragraphs · 134 words
1.

In this particular case the are such as to require elucidation by two distinct theories, one of deliberate deceit and the other of carelessness or negligence. Seeing that there is no appearance on behalf of the Crown to support the recommendation for enhancement of sentence, we do not think that we are called upon in this particular case to interfere.

2.

We should like to add this comment, somewhat similar to one I have made already to-day. Enhancement of sentence is a very serious proceeding and where there is a proposal to that effect it ought, in my judgment, if it is a sound proposal, to be supported by the Government Pleader under instructions which will enable him to put before us cogent reasons why there should be an enhancement of the sentence.