JUDGMENT :

Raja Vijayaraghavan, J.

The instant appeal is preferred challenging the finding of guilt, conviction and sentence passed by the Court of Sessions, Kottayam, in S.C.No. 133 of 2019 on the files of the said court. In the above case, the appellant was accused of committing maternal incest and he was charged under Section 376(2)(f) & (n) of the IPC. By the impugned judgment, he was found guilty and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- for the offences charged.

2. According to the prosecution, the survivor, who is the mother of the appellant, had three sons. The appellant was residing with his mother in house bearing No. 125 in Ward No.VIII of Vazhappally Grama Panchayat. As per the charge, on 29.08.2018, at about 9.30 p.m., the appellant committed rape on PW1 on multiple occasions till the dawn on the next day.

3. On 06.09.2018 at 1.55 p.m., PW1 went to the Changanassery Police Station to lodge the statement. However, on reaching the Police Station, she collapsed and was therefore rushed to the Government General Hospital, Changanassery. While in the casualty, Ext.P1 statement of PW1 was recorded by PW11, the Senior Women Police Office