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Ashok Kumar vs. State of Rajasthan

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Penal Code, 1860–Secs. 302, 201 & 376(2)(g)–Conviction–Sustainability–Appellant was a servant in complainants house–He was arrested from there–It cannot be said that he had absconded after the child was missing–Recovery of appellants underwear and presence of human semen on it cannot establish his guilt as he was a 21 years aged young man–Presence of human semen in vaginal swab does not imply that the offence was committed by him–Recovery of plastic bag cannot be held admissible as it was made from open place and prosecution failed to establish that the blood was of the appellant–Chain of circumstances is broken–Held, the conviction cannot be sustained.