Section 72 of IPC : Section 72: Punishment of person guilty of one of several offences, the judgment stating that is doubtful of which
IPC
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Explanation using Example
Example 1:
Ravi is accused of theft and house trespass. The court finds evidence that Ravi committed one of these offences, but it is unclear whether he committed theft or house trespass. Theft carries a minimum punishment of 3 years imprisonment, while house trespass carries a minimum punishment of 1 year imprisonment. Since it is doubtful which offence Ravi committed, he will be punished for house trespass, the offence with the lower minimum punishment.
Example 2:
Sita is charged with both cheating and forgery. The court concludes that Sita is guilty of one of these offences, but it is uncertain which one. Cheating has a minimum punishment of 1 year imprisonment, while forgery has a minimum punishment of 2 years imprisonment. Given the doubt, Sita will be punished for cheating, the offence with the lower minimum punishment.