MEHTAB AHMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed being aggrieved of the judgment dtd. 22/9/2025 passed by learned Special Judge (Protection of Children from Sexual Offences Act 2012) District Singhrouli in S.T.No.10 of 2021 whereby learned trial court has convicted and sentenced the appellant as under :-

(2.) Learned counsel for the appellant submitted that the present is a case of false accusation. Whole prosecution story is dented and manipulated. It is pointed out reading Para-6 of the judgment that on 2/2/2021 the victim had appeared before the Police Station Morwa alongwith her parents and stated that her father runs a hotel at Murgi Mandi. She knows Kallu as he used to visit her father. In the month of January, Kallu had given a small mobile to her on which she used to talk to Kallu. On 29/1/2021, when she was at her home alongwith her younger brother and her parents had gone to hotel then at about 7:30 PM, Kallu had come, asked about her parents, when she informed that they are not at home, he had taken her to inner room of the house, put off her clothes and violated her privacy.

(3.) Reading from the evidence of PW-4, it is submitted that Lady Doctor Dr. Anamika Singh (PW-4) clearly stated that she had examined the victim on 3/2/2021. There was no injury found on her hymen. It is submitted that the only circumstance which has been taken against the appellant is the DNA report (Ex.C-1) in which it is mentioned that underwear of the victim contained same 'Y' DNA profile as was obtained from blood sample of the appellant but it is submitted that this evidence is of no consequence in the light of judgment of Hon'ble Supreme in Rahul Vs. State of Delhi, Ministry of Home Affairs and another (2023) 1 SCC 83 in as much as chain of custody is not intact. This appeal is made to acquit the appellant.