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Supreme Court of India 2017-11-06 partly_allowed

State of Uttar Pradesh vs Tribhuwan & Ors

Bench: 3 — Abhay Manohar Sapre

In Brief

The State appealed against a High Court order that had set aside a jail sentence and imposed only a fine for a conviction under Section 325 IPC (causing grievous hurt). The Supreme Court held that Section 325 IPC mandates both imprisonment and fine. However, the Court also confirmed that pre-conviction detention (40 days in this case) must be credited against the jail sentence under Section 428 of the CrPC. Since the respondent had already served 40 days, the Court upheld his conviction with a sentence of 40 days' imprisonment plus Rs. 10,000 fine, requiring no further jail time if the fine is paid. The appeal was partly allowed.

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Criminal Law Sentencing Indian Penal Code Code of Criminal Procedure Set-off of Pre-conviction Detention Grievous Hurt Mandatory Sentencing

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