Penal Code, 1860–Sec. 376–Conviction–Sustainability–Case of prosecution rests on the solitary testimony of prosecutrix–No medical evidence to show that she was raped or recent sexual intercourse was committed with her–She remained silent for two years even after the alleged act of appellant after the first incident–At one point of time, she alleged that the appellant attempted to commit the incident with her in the presence of her mother when she was sleeping–Even then she did not narrate the incident to her mother–FIR was lodged by her mother but she turned hostile–Sole testimony of prosecutrix (child witness) is not inspired with confidence–Delay in lodging the FIR has not been explained–Impugned judgment of conviction is not sustainable.
