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Emperor Vs. Shamji Ramchandra Gujar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Reference No. 128 of 1918
Judge
Reported inAIR1914Bom29; (1914)16BOMLR202
AppellantEmperor
RespondentShamji Ramchandra Gujar
Excerpt:
.....with suitable directions. s alone had been given exclusive powers not only to execute documents but also induct tenants. - 2. we should like to add this comment, somewhat similar to one i have made already to-day.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.
Judgment:

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.


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