VIRANA Vs. STATE

JUDGEMENT

(1.) The applicant/accused who stands convicted of the offence punishable under Sec. 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court. In this application praying that the sentence and conviction as awarded to him in Sessions Case(Ors.) No.30 of 2022 be suspended and the applicant be released on bail on such terms and conditions that this Court may fit and proper.

(2.) The learned Counsel for the applicant drew attention of this Court to the impugned judgment and submitted that the age of the victim was 16 1/2 years. He has pointed out that victim was not examined as also the applicant/accused knows each other.

(3.) The Court's attention is drawn to paragraph 32 of the impugned judgment where learned Judge has observed that the prosecution has not examined the victim nor there is medical evidence on record to establish that the victim was raped or the accused committed penetrative sexual assault except that the CFSL report produced at Exh.PW6/46/C Colly. There is no DNA report on record.