BIHARI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Bihari Lal has preferred the present appeal, under Sec. 449 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr. P.C.'), against the order dtd. 25/5/2023, passed by the Court of learned Special Judge, Kullu, District Kullu, H.P. (hereinafter referred to as 'the trial Court'), in Sessions Trial No. 26 of 2020, titled as, 'State of H.P. vs. Kamal Kumar', whereby, the learned trial Court has imposed penalty of Rs.50,000.00, on the appellant, and issued recovery warrant, under Sec. 421 Cr. P.C.

(2.) Brief facts, leading to filing of the present appeal, before this Court, as per the record, may be summed up as under: One Kamal Kumar, S/o Joginder Singh, R/o Amritsar, Punjab (hereinafter referred to as 'the accused') was arrested by the Police, in connection with case FIR No. 50/2020, dtd. 21/3/2020, registered under Ss. 354-A and 506 of Indian Penal Code (hereinafter referred to as 'the IPC') and Sec. 8 of Protection of Children from Sexual Offences Act (hereinafter referred to as 'the POCSO Act'), with Police Station, Manali, District Kullu.

(3.) The impugned order dtd. 25/5/2023 has been assailed before this Court on the ground that the same has been passed by the learned trial Court, without giving sufficient opportunities to the appellant to explain the non-appearance, and the learned trial Court, according to the appellant, has failed to appreciate the fact that he had made sincere efforts to produce the accused.