Penal Code, 1860–Sec. 376 [Corresponding Sec. 64 of BNS, 2023]–Acquittal by the High Court–Sustainability–Though the child victim has not deposed anything about the commission of offence against her, it can not be used as a factor in favour of the respondent–Victim was silent and upon being further asked, only shed silent tears and nothing more–The silence cannot accrue to the benefit of the respondent–it cannot be said that she had turned hostile–Trauma has engulfed her in silence–Medical evidence supports the case of prosecution, hence the contradictions in the evidence of PW 2 is to be judged in that light–Medical opinion that the injury to victim can be through sexual intercourse, or an accident–It is coupled with the medical evidence of injury on the genital organ of the accused being possible only due to forceful intercourse with a minor female–Possibility of the accused and the father of V has not been established to the point that it would represent a crack in the wall of prosecution case–Findings of conviction are liable to be restored.
