DINESH @ BUDH RAM Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Dinesh @ Budh Ram to impugn a judgment dated 27.01.2010 of learned learned Additional Sessions Judge in Sessions Case No.1111/09 arising out of FIR No.392/06 registered at PS Paschim Vihar by which he was convicted under Sections 376 IPC. By an order dated 28.01.2010, he was awarded RI for seven years with fine Rs. 10,000/- under Section 376 IPC.

(2.) Allegations against the appellant as reflected in the chargesheet were that in February 2006 at unknown time at B-3 Ekta Enclave Pashim Vihar, Delhi, he committed rape upon the prosecutrix 'X' (assumed name), aged about 14 years. The prosecution examined twelve witnesses to substantiate its case. In 313 Cr.P.C. statement, the appellant pleaded false implication. The trial resulted in his conviction as aforesaid.

(3.) The appellant preferred the instant appeal before this Court on 12.04.2010. Vide order dated 15.04.2010 the appeal was admitted. When the matter was taken up for hearing on 22.09.2015, none appeared on behalf of the appellant to address arguments. Notice was ordered to be issued to Ms Nandita Abrol., Advocate, who represented the appellant on the previous date of hearing. Fresh nominal roll of the appellant was called along with issuance of production warrants for his appearance.