JAYARAM VITHOBA AND ANOTHER vs THE STATE OF BOMBAY.

The Supreme Court held that the High Court has the power to impose a sentence under Section 423(1)(d) of the Code of Criminal Procedure, even when the trial court did not impose a sentence for the conviction under Section 5 of the Bombay Prevention of Gambling Act (Bombay Act IV of 1887). The Court clarified that a conviction must be accompanied by a sentence, and the High Court's imposition of a sentence was not an enhancement but a necessary consequence of affirming the conviction. The Court disapproved of previous rulings that suggested otherwise, affirming the legality of the High Court's actions.