EMPEROR Vs. CHINTO BHAIRAVA

JUDGEMENT

(1.) MR. Khare, the learned pleader for the opponent, in showing cause why the sentence should not be enhanced, asks us to allow him to discuss the evidence and satisfy us that his client has been wrongly convicted. But we cannot allow that as it has been the invariable practice of this Court in such cases to accept the conviction as conclusive and to consider the question of enhancement of sentence on that basis. That practice has been consistently adhered to by this Court for over 25 years now, and ought, we think, to be followed. It was open to the opponent to apply for revision of the conviction but having failed to avail himself of that, he cannot be permitted to assail the conviction in a proceeding where the sole question is whether the sentence passed by the lower Court is adequate or not. We enhance the sentence to one of rigorous imprisonment for two months in addition to the sentence of fine passed by the Magistrate which is to remain.