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Vidhyadhar vs. State of Rajasthan


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Code of Criminal Procedure, 1973–Sec. 386–Scope–Whether the term “sentence” includes the sentence in lieu of non-payment of fine and same would fall within the perview of the proviso to Sec. 386 ?–Held, no–Sentence in default of payment of fine is not a sentence as contemplated in sub-clause (iii) of clause (b) of Sec. 386–Appellate Court can enhance the fine and sentence in default of payment of fine.