Penal Code, 1860–Secs. 302, 376(2)(f) & 201–Conviction–Sustainability–Deceased was aged of four months–Appellant was a servant in complainant’s house–No case of absconding–Presence of human semen on his underwear does not establish his guilt as he was a young aged man and virile enough to perform sexual intercourse–Prosecution did not match the semen detected in vaginal swab and the semen found on underwear–Recovery of plastic bag is also not reliable and admissible in evidence–A broken chain of circumstances–Held, the appellant is entitled to be acquitted.
