Brijesh Kumar vs State Nct Of Delhi
2015 Latest Caselaw 7863 Del

$-27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     DECIDED ON : 13th OCTOBER, 2015

+                                    CRL.A.1/2013

       BRIJESH KUMAR                                        ..... Appellant

                            Through :     Mr.M.L.Yadav , Advocate with
                                          Mr.Lokesh Chandra, Advocate.


                            versus

       STATE NCT OF DELHI                                   ..... Respondent

                            Through :     Mr.Sanjeev Sabharwal, APP.

       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Oral)

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

`5,000/-.

2. Allegations against the appellant as reflected in the charge-

sheet 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.

4. Report bearing No.F.3/SCJ.3/AS(CT)/2015/2607 dated

12.10.2015 has been received from the Superintendent, Central Jail No.3,

Tihar, New Delhi, to the effect that the appellant has already been released

on 20.12.2014 after completion of sentence. The fine has already been

deposited by him in jail.

5. Since the appellant has served out the sentence awarded to

him and has deposited the fine, it appears that for that reason, he has not

contacted the counsel or the Court to get the appeal decided on merits.

The appeal has thus become infructuous and is disposed of as such. It is,

however, made clear that if the appellant appears within a reasonable time

for disposal of appeal on merits, his request will be considered.

6. Trial Court record be sent back immediately with the copy of

the order. A copy of the order be sent to the Superintendent Jail for

information.

(S.P.GARG) JUDGE OCTOBER 13, 2015 / tr