In Brief
The State appealed against the High Court's judgment that had set aside a four-year jail sentence for an offence under Section 325 IPC and imposed only a fine instead. The Supreme Court held that Section 325 IPC mandates both imprisonment and fine; a court cannot wholly eliminate the jail sentence. However, the Court found that the respondent had already undergone 40 days in detention (partly as under-trial, partly as convict), which qualifies for set-off under Section 428 of the Code of Criminal Procedure. Since this period met the sentencing requirement, the respondent needed only to pay the fine and undergo no further imprisonment.
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