Penal Code, 1860–Secs. 363, 366, 376 & 342–Protection of Children from Sexual Offences Act, 2012–Sec. 5(f)/6–Conviction–Sustainability–Prosecutrix, her mother and father stated before the Court that she was not taken away by anyone and no rape was committed with her–No marks of injuries on her private parts–Entry in malkhana register is doubtful–Conviction is based only on DNA report–It is under the clouds because the entry in malkhana register is not reliable–Held, trial Court committed error in convicting the accused.
