BRIJESH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Brijesh Kumar to impugn a judgment dated 28.04.2012 of learned Addl. Sessions Judge in Sessions Case No.101/11 arising out of FIR No.145/11 PS Kapashera by which he was convicted under Sections 376/511 IPC. By an order dated 30.04.2012, he was awarded RI for four years with fine Rs. 5,000/-.

(2.) Allegations against the appellant as reflected in the chargesheet were that he tried to commit rape upon the prosecutrix 'X' (assumed name), aged around five - six years. The prosecution examined ten 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 04.01.2013. Vide order dated 15.04.2013, the matter was ordered to be listed in the category of 'Regulars' on its own turn. When the matter was taken up for hearing on 07.10.2015, none appeared on behalf of the appellant to address arguments. Notice was ordered to be issued to his counsel. Fresh nominal roll of the appellant was called along with issuance of production warrants for his appearance.