Penal Code, 1860–Secs. 302, 201, 363, 366, 376(2)(i)–Protection of Children from Sexual Offences Act, 2012–Sec. 5(m)/6–Death sentence–Circumstantial evidence–Establishment–Statements of witness of last seen are found hearsay and without any corroboration–Material witness of last seen was withheld by the prosecution–No report of FSL on record comparing the semen swab of the accused with the vaginal swab of deceased whereas it was sent to FSL–FSL report as regards to blood group also does not help the case of prosecution–Nothing on record to show that the dead body was
recovered at the instance of the appellant–Prosecution also failed to prove that the appellant was involved in any other criminal case–Delayed FIR–Held, the prosecution failed to establish the complete chain of circumstances–Conviction set aside.
