and his age is 16 to 18 years on the date of incident. He further submitted that only after preliminary assessment, the case of accused appellant was referred to the children court. He also submits that victim and her mother, both were examined by prosecution and both have turned hostile. He further referred the statement of grand parents and uncle of victim and submitted that all three have declared hostile and not supported the case of victim. He further referred the medical report and submitted that even no injury was found on genital of victim. He further referred the prosecution evidence and submitted that none of the witness has supported the case of prosecution and without any positive oral evidence, the trial court has convicted the appellant only on basis of FSL report. He further referred the statements of PW-14, Investigating Officer PW-13 along with PW-10 and PW-12 and submitted that the collection of seizure of sample is not proper. There was a delay in deposition of sample. He also submits that the sample was not taken in custody of police on the same day when the same was collected. He further submits that the sample were kept unattended for more than one day and same is sufficient to discard FSL Report. At last, he submitted that the trial court has committed serious error while convicting the present appellant without any evidence and looking to age and future of appellant, he is entitled to be released on bail.
