Penal Code, 1860–Sec. 376–Protection of Children from Sexual Offences Act, 2012–Secs. 3/4–Conviction–Sustainability–Samples were deposited in malkhana after the delay of three days–No satisfactory explanation by prosecution–Recovery of victim’s under-garments is doubtful–Further, the documents regarding the recovery were made available to appellant at the time of his examination u/s. 313–Vital irregularity by prosecution which caused prejudice to the accused–Delay of 12 days in sending the samples–This creates the doubt over the veracity of DNA report–Held, appellant is entitled to be acquitted.
