Code of Criminal Procedure, 1973–Sec. 273–Penal Code, 1860–Secs. 363, 366 & 342–Protection of Children from Sexual Offences Act, 2012–Sec. 3/4(2) –Conviction–Sustainability–Evidence of prosecutrix and all other witnesses was recorded in absence of appellant while he was in judicial custody–Prosecutrix was aged 17 year at the time of incident and appellant became unable to refute the presumption u/ss. 29 & 30 of the P.O.C.S.O. Act with respect to medical evidence–Impugned order set aside and directed to dispose the matter strictly in accordance with law.
