SUBHASH Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Subhash to impugn a judgment dated 25.08.2010 of learned Additional Sessions Judge in Sessions Case No.92/09 arising out of FIR No. 285/09 registered at PS Burari by which he was convicted under Sections 376/511 IPC. By an order dated 28.08.2010, he was awarded RI for four years with fine Rs. 3,000/-.

(2.) Allegations against the appellant as reflected in the chargesheet were that on 03.09.2009, he attempted to commit rape upon the prosecutrix 'X' (assumed name), aged around nine years. The prosecution examined fourteen 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 30.11.2010. On 06.12.2010 the appeal was admitted. When the matter was taken for hearing on 23.09.2015, none appeared on behalf of the appellant to address arguments. Notice was ordered to be issued to his counsel, 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.