The Court said that the Magistrate gave Gandhi all opportunities to cross-examine witnesses and hence, Gandhi’s contention that the trial court was unfair to him, was incorrect.
“It appears from record that all opportunities were accorded to Gandhi for cross-examining the witnesses and hence I do not agree with the contentions about he being deprived of fair trial,” the judge underscored.
Specifically on the argument that maximum sentence was imposed on Gandhi and the same was disproportionate, the Court said that the Magistrate imposed a sentence which was permissible in law.
“So far as imposing of maximum punishment is concerned, it would be worthwhile to observe that the appellant was not an ordinary person and was sitting MP, connected with public life. Any word spoken by appellant would have large impact in mind of common public…Moreover, high standard of morality is expected from a person like appellant and the trial court had inflicted sentence, which was permissible in law,” the Court said.
Source: Barandbench
