Code of Criminal Procedure, 1973–Sec. 389 [Corresponding Sec. 430 of BNSS, 2023]&Penal Code, 1860&Sec. 376(2)(n)–Protection of Children from Sexual Offences Act, 2012–Sec. 5(L)/6–Present applicant was named in FIR and statements u/s. 164–However, neither the FSL report nor the medical evidence was proved against him–Age of the victim is less than 16 years–It is not a fit case wherein, despite discrepancies in the judgment of the Trial Court, the appellant-accused can be released on bail–Application deserves to be dismissed.
