PW5 Dr. Rakesh Kumar Dhayal, while medico-legally examined the victim on 21.6.2016 found no external injury/nail or bite mark on upper/lower body of the victim. On perianal area examination, he found no history of defecation, sexual assault and no sign of visible injury was seen in annal, perianal or genital area in the medico-legal report, Ex.PW5/B. Even in the FSL report, no semen was detected on the underwear or clothes of the victim, therefore, the alleged intercourse by the accused-appellant with the victim was also not proved by the prosecution beyond any shadow of doubt. Thus, from this angle also, the conviction and sentence of the appellant is wrong and illegal. The maternal grand father and maternal uncle, namely, Ram Chander and Kuldeep PW3 and PW4, respectively, have given contradictory depositions, detrimental to the prosecution story. PW-3 Ram Chander, the maternal grandfather of the victim, deposed that they tried to chase the accused-appellant after he left the victim, whereas PW4 Kuldeep, the maternal uncle, deposed that the victim, after entering the house, disclosed the incident and then he told the name of the accused to the victim. Therefore, the above contradictory version in the statements of the prosecution witnesses, entitles the accused for acquittal by giving him the benefit of doubt. The appellant-accused is in custody since 25.6.2016 and had already suffered a lot.
