Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Custodial sentence reduced to period already undergone while conviction is affirmed.

RAHUL KOSARE vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 12, 20262 MIN READSOURCE JUDGMENT
Custodial sentence reduced to period already undergone while conviction is affirmed.. RAHUL KOSARE vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant was convicted by the 1st Additional Sessions Judge, Mahasamund, under Sections 458 and 307 of the IPC and sentenced to four years’ rigorous imprisonment and a fine of ₹1,000 under each section, with the sentences to run concurrently

Source reference: para. 1

The prosecution case was that the appellant assaulted the victim, Chandrahas, while he was sleeping in his home; the victim identified the appellant, and the injuries were supported by medical evidence

Source reference: paras. 2, 9

In appeal under Section 415(2) of the BNSS, the appellant did not challenge his conviction and sought reduction of sentence, relying on his age at the time of the incident and the period already spent in custody

Source reference: paras. 1, 6
02

Issues

1. Whether the trial court’s findings of guilt under Sections 458 and 307 of the IPC warranted interference

Source reference: para. 9

2. Whether the appellant’s custodial sentence should be reduced to the period already undergone, while maintaining the fine

Source reference: paras. 6, 10
03

Law Applied

The appeal was brought under Section 415(2) of the BNSS

Source reference: para. 1

The appellant’s convictions were under Sections 458 and 307 of the IPC

Source reference: para. 1

The Court referred to Section 481 of the BNSS in directing the appellant to furnish a personal bond and an undertaking for the specified period

Source reference: para. 13

No precedent or separate sentencing test was cited; the Court assessed the sentence in light of the appellant’s age, the time elapsed since the 2020 incident, and the period already served

Source reference: para. 10
04

Reasoning

The Court found the victim’s identification evidence, corroboration from his grandfather, and supporting medical evidence sufficient to sustain the convictions; it therefore affirmed the trial court’s findings

Source reference: para. 9

On sentence, it considered that the appellant was 21 at the time of the incident, had spent more than 15 months in custody, and had already served the periods specified in the judgment. It concluded that further detention was unnecessary and reduced the custodial sentence to the period already undergone

Source reference: para. 10
05

Holding

The appeal was partly allowed: the convictions under Sections 458 and 307 of the IPC were maintained, but the custodial sentences were reduced to the period already undergone; the fines were maintained

The Court directed the appellant’s release forthwith unless required in another case and ordered him to furnish a ₹25,000 personal bond, effective for six months, with an undertaking to appear before the Supreme Court if notified of a relevant petition or application for leave

Source reference: paras. 12–13
06

Acts & Sections Cited

7 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20232

Code of Criminal Procedure, 19731

Chhattisgarh High Court

Original Court PDF

RAHUL KOSAREvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 12, 2026

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