Penal Code, 1860–Sec. 302–Acquittal u/s. 498-A, however, conviction u/s. 302–Testimony of child witness–Appreciation of–PW 6 was aged of 3-1/2 years–Her testimony was not found corroborated witn medical evidence–She made improvement in her statements–Case of tutoring–Other family members were not arrayed as accused whereas they were present in the house at the time of incident–Case of direct evidence–No presumption u/s. 106 Evidence Act could be drawn–Prosecution failed to establish the case beyond reasonable doubt–Appellant is entitled to be acquitted.
