Penal Code, 1860–Secs. 376(2)(i), 363 & 366–Protection of Children from Sexual Offences Act, 2012–Sec. 3/4–Conviction–Justification–Only FSL & DNA reports–Victim, her father and mother turned hostile–Victim was medically examined on 05.06.2019–No separate seizure memo of her swab and vaginal slides was prepared–No evidence to show that to whom the samples were handed over and who deposited them in malkhana–Samples of accused were collected on 09.06.2019 and these were deposited in malkhana on 12.06.2019–Recovery of underwear is also not reliable as the recovery memo u/s. 27 was not prepared–Conviction deserves to be set aside.
