1. The question that arises for consideration in this appeal is whether the trial Court was justified in convicting and sentencing the appellant for an offence punishable under Section 376 (2), (f), (i) (n) of the Indian Penal Code (IPC) and Section 5 (j) (l) (n) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for the rape of his own daughter, when the material witnesses had turned hostile and the conviction was recorded on the basis of scientific evidence in the form of Deoxyribonucleic Acid (DNA) report.

2. The appellant has been sentenced by the Court of Special Judge under the POCSO Act, Nagpur for the offence stated above, to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/. The case of the prosecution was that the prosecutrix was the daughter of the appellant and his wife (complainant) and that they were residing with other members of the family in their house at Sangam Nagar, Nagpur. About a month prior to lodging of report, in the present case, the prosecutrix fell ill and when she was taken to the hospital, the Doctor informed the complainant Shafikunnisa Salim Ahmed Ansari (PW3) that her