MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal challenges the order dtd. 18/2/2025 passed by the High Court of Madhya Pradesh bench at Indore, in IA No. 8533/2024 filed in CRA No. 259/2023, whereby the complainant's application for recall of bail order dtd. 24/1/2023 was allowed and suspension of sentence earlier granted to the appellant herein was cancelled.

(3.) The appellant Mahesh had been facing trial in connection with a crime registered pursuant to First Information Report 432/2021 dtd. 22/11/2021 lodged with Police Station Nalkheda, District Agar Malwa and in respect of offences punishable under Ss. 457(1) and 354 of the Indian Penal Code, 1860 [in short "IPC"] and Ss. 7, 8, 9(n) and 10 of the Protection of Children from Sexual Offences Act, 2012 [in short "POCSO Act"]. The trial court convicted the appellant for the offences under Sec. 457 and 354 of IPC and acquitted him for offences under Ss. 7, 8, 9(n) and 10 of POCSO Act vide judgment dtd. 26/12/2022 and awarded a sentence of rigorous imprisonment for a period of one year, along with a fine of Rs.500.00, for the offence under Sec. 457 of IPC, and a sentence of rigorous imprisonment for a period of two years, along with fine of Rs.2000.00, for the offence under Sec. 354 of IPC.