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State of Rajasthan vs. Khushi Ram

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Penal Code, 1860–Secs. 376(3), 376(2)(n), 363 & 366–Protection of Children from Sexual Offences Act, 2012–Secs. 5(1)/6–Acquittal–Appreciation of–No evidence except the DNA report–Link evidence of DNA report is not believable–Accused was not arrested at the time of recovery of prosecutrix–Recovery memo of prosecutrix was prepared in the police station–Prosecutrix turned hostile–She admitted the fact of physical relations with other boyfriend–Held, Trial Court rightly concluded the findings of acquittal.