JUDGMENT :

Virender Singh, J.

Appellant Bihari Lal has preferred the present appeal, under Section 449 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C.’), against the order dated 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/-, on the appellant, and issued recovery warrant, under Section 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, dated 21.3.2020, registered under Sections 354-A and 506 of Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section 8 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the POCSO Act’), with Police Station, Manali, District Kullu.

2.1 Accused Kamal Kumar filed an application under Section 439 Cr. P.C., bearin