In criminal trials, scientific evidence like DNA profiling requires an untainted chain of custody to be admissible for conviction; when witnesses turn hostile and sample-handling protocols are not proven, the trial court's order of acquittal based on reasonable doubt should not be disturbed by the appellate court.

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (1) AND (3) OF THE CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 23-11-2024 PASSED IN SPECIAL CASE NO.58 OF 2024 ON THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (POCSO), AT D.K., MANGALURU, THEREBY ACQUITTING RESPONDENT NO.1/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 354A, 376(2)(h) AND 376(2)(n) OF IPC AND UNDER SECTION 6 OF POCSO ACT.

THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

and

HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

1. This appeal preferred by the State is directed against the judgment of acquittal dated 23.11.2024 passed by the Court of Additional District and Sessions Judge (POCSO), D. K., Mangaluru, in Special Case No.58 of 2024.

2. The charges were framed against respondent No.1/accused for the offences punishable under Section 354A , 376(2)(h) and 376(2)(n) of the Indian Penal Code, 1860 (for short, 'IPC') and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). The trial Court, vide impugned judgment, was pleased to acquit the accused of the charged offences. Hence, this appeal by the State.

3. We have heard Smt. Rashmi Patel, learned High Court Government Pleader appearing for the appellant-State, and perused the material on record.

4. It is the case of prosecution that the accused frequently used to come near the house of minor victim girl, situated at Kukkatte Site, Mogaru Village, Mangaluru, to play cricket and also to collect scrap items. During that period, he came in contact with the victim and became friendly with her. Later, they started loving each other and used to chat with each other on mobile phone. On 13.4.2023 at 9.00 a.m., when the victim was studying at her home, the accused came near her house and asked her to come near an under construction building. When she went to the said place, the accused, by promising that he will marry her, had sexual intercourse with her against her will. Thereafter on 15.4.2023, when the victim had been to her aunt's house, situated at Goodinabali Village, the accused came there and met her near Bus Stand and outraged her modesty by touching her breast and sexually harassed her, at that point of time, her uncle noticed the same and took her to home. On 15.6.2023 at 9.30 a.m., the accused again asked her to come near the same under construction building near her house and by promising that he will marry her, committed penetrative sexual assault against her will, due to which, she became pregnant and thereby, the accused committed the charged offences. When the victim missed out her menstruation and started vomiting, she disclosed the same to her mother, who took her to Vinayaka Hospital, where the Doctor tested her and informed that she is pregnant. When her mother enquired her, she initially alleged that her uncle, named Abdul Salam, had sexually assaulted her, due to which, she became pregnant. Then, she accompanied her mother and lodged First Information Report against said Abdul Salam. Later, the Police conducted investigation and during the course of investigation, it was revealed that the accused is the father of the foetus. Hence, the Investigating Officer laid charge-sheet against the accused for the aforesaid offences. It was revealed from the DNA report that, the accused is the biological father of the foetus.

5. Insofa