The main legal point established in the judgment is that in rape cases, the absence of injuries on the victim's private parts does not necessarily indicate consent, and the delay in filing the complaint should not be a ground for doubting the prosecution case.

Appellant is the Accused in S.C.No.301 of 2002 on the file of Sessions Judge / Magalir Neethimandram, Coimbatore Division. By the Judgment dated 27.01.2003, the Presiding Officer of Magalir Neethimandram convicted the Appellant / Accused for the offence under S.376 I.P.C. and sentenced him to undergo Rigorous Imprisonment for Seven years and imposed fine of Rs.25,000/-; in default to undergo Simple Imprisonment for a further period of one year. Out of the fine amount of Rs.25,000/-, a sum of Rs.15,000/- was ordered payable to Victim / P.W.1 - Manjula as compensation under S.357 Crl.P.C.

2. Case of prosecution is that P.W.1 - Manjula is unmarried and is residing with her parents in Goundapalayam. At the time of occurrence, she came to her Elder Sister's house at Rangapalayam as a guest. On the date of occurrence - 29.03.1999 - 5.00 p.m., when P.W.1 was attending the calls of nature in Pallam, the accused came from her behind, pulled her hand and forcibly removed her dresses and pushed her down. The accused removing his Trouser, laid on P.W.1 and had Sexual Intercourse with her thereby committed Rape on her.

3. P.W.2 - Saraswathi and her mother P.W.6 - Jayakodi, who also went to Pallam for attending the nature's call saw P.W.1 and the accused without any dresses and the accused embracing P.W.1. When P.W.1 went back, the accused ran back after her saying that some how he would do the same. P.W.1 returned back to her Sister's house and informed her Sister and Brother-in-law about the occurrence. The family members deliberated upon the same whether to inform the Police or not.

4. Registration of case and Investigation. P.W.1 accompanied by her Sister and Brother-in-law went to Avinasipalayam Police Station on 30.03.1999 - 2.00 p.m. She has lodged the Complaint (Ex.P.1). On the basis of Ex.P.1 - Complaint, P.W.8 - Sub Inspector of Police registered the case in Avinasipalayam Police Station Crime No.100 of 1999 under S.376 I.P.C. under Ex.P.8 - First Information Report. The Blood Stained clothes of P.W.1 - Manjula (M.Os.1 to 3) were seized under Form - 95.

5. P.W.8 - S.I. of Police had taken up the initial investigation. He has inspected the scene of occurrence in Rangapalayam Village in the presence of Witnesses Palani and Mahali. Ex.P.9 is the Observation Mahazar and Ex.P.10 is the Rough Plan regarding the scene of occurrence. On the same day, i.e., on 30.03.1999 - 6.00 p.m., accused Karuppan was arrested in Tiruppur Karungangadu Bus Stop. The clothes of the accused - M.Os.4 and 5 were also seized under Form - 95. Seized Material objects were sent for Chemical Analysis.

6. Victim P.W.1 - Manjula was sent to Tiruppur Government Hospital for Medical Examination. P.W.3 - Dr.Chandira has examined P.W.1. On the person of P.W.1, she has noted :-

Abrasion over Right side of right Knee and left Knee;

Two thorn marks on the right side of the Upper back;

Few nail marks on the face.

On examination of the private parts of P.W.1, it was noted that "Breast normal; External Genitalia normal; Hymen not intact; Vaginal admitted one finger easily ". Ex.P.2 is the Accident Register regarding P.W.1. P.W.1 - Manjula was Radiologically examined by Dr.Sarojini (P.W.4). Upon such Radiological Examination, P.W.4 opined that P.W.1 has completed 19 years. Ex.P.3 is the Age Certificate of P.W.1.

7. The accused was also sent for Medical Examination to know about his potency. P.W.5 - Dr.Velu examined him. He has noted that the Semen of the accused was normal. P.W.5 found that Clinically there is nothing to suggest that the accused is impotent. To that effect, P.W.5 issued Ex.P.4 - Potency Certificate.

8. P.W.9 - Inspector of Police had taken up further investigation and examined the witnesses. P.W.10 - Inspector of Police had taken up further investigation. He has examined the Doctors and recorded their Statements. After completing all formalities of investigation, he filed the Charge Sheet against the Accused under S.376 I.P.C.

9. In the trial Court, to substa