JUDGMENT :

1. The questions that arise for consideration in this Appeal are,

(i) Whether the trial Court was justified in convicting and sentencing the appellant for the offence punishable under Sections 376, 506 of the Indian Penal Code (“IPC” for short) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act” for short) for rape of his stepdaughter, when mother of the victim had turn hostile and the conviction was passed on the basis of scientific evidence in the form of Deoxyribonucleic Acid (DNA) Report ?;

(ii) Whether the learned trial Judge was justified in admitting the Report of Assistant Director of State Forensic Laboratory/Scientific Expert under Section 293 of the Criminal Procedure Code, 1973 (“Cr.P.C.” for short), in evidence though it was not admitted by the defence ?, and

(iii) Whether the trial Court was required to summon the Scientific Expert, before admitting his report in terms of provisions of Section 293 of the Cr.P.C. ?”

2. Before, adverting to the first question, I would prefer to answer the second and third question. Section 293 of Cr.P.C. provides that the report of the scientific expert may be used in evidence in any enqu