1 2026:CGHC:17697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 546 of 2019 1. State Of Chhattisgarh Through Station House Officer, Police Station- Sarangarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Appellant versus 1. Narayan Pardhi S/o Hemlal Aged About 23 Years R/o Village- Banjari, Police Station- Sarangarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent For Appellant/State : Mr. Shailesh Puriya, Panel Lawyer For Respondent(s) : Mr. Aman Kesharwani, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17.04.2026 1. Today the matter is listed before this Court for hearing on sentence. 2. Heard learned counsel for the parties in compliance of Section 235(2) of the Cr.P.C./Section 254(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 on sentencing. 3. The learned counsel for the respondent/accused would submit that it is the first offence of the respondent, he is the only earning member of the family and if he send to the jail, his family may be adversely affected, therefore, a lenient view may kindly be taken against him and would pray for awarding less punishment. MANISH YADAV Digitally signed by MANISH YADAV Date: 2026.04.21 13:07:29 +0530 2 4. On the other hand, learned State counsel would submit that this offence is against the society as the victim is a woman/child aged about 14 years, therefore, maximum sentence as provided in the statute be awarded to the accused. 5. I have heard learned counsel for the parties with utmost satisfaction. 6. Considering the fact that the appellant has been convicted vide order dated 16.04.2026 for commission of offence under Section 354 of (three times) and minimum sentence provided in the Indian Penal Code for commission of offence under Section 354 is R.I. for one year, therefore, I am of the view that the respondent is liable to be and is convicted for comission of offence under Section 354 of IPC for R.I. for one year (three times). All the sentences are directed to run concurrently. The accused shall be entitled to get benefit of Section 428 of Cr.P.C./Section 468 of BNSS, 2023 for the period of detention already undergone during the investigation or trial. 7. The respondent/accused is directed to comply with the order passed by this Court on 16.04.2026 and surrender within 4 weeks before the concerned trial Court, failing which the trial Court is directed to proceed against the accused and submit its compliance report before this Court. 8. This order be read with the order passed by this Court on 16.04.2026 and a copy of this order be provided to the appellant as well as concerned trial Court alongwith order passed by this Court on 16.04.2026 for onward compliance. Sd/- (Narendra Kumar Vyas) Judge Manish