This appeal has been filed against the sentence and order passed in S.C. No. 24 of 2014 dated 06.01.2017 by the learned I Additional Sessions Judge, Coimbatore.

2. The gist of the prosecution case is as under:

[a] Ramakrishnan [P.W.1] aged about 75 years, retired Superintendent of Government Engineering College was residing with his wife Kamala [P.W.2] aged 65 years at 56, R/2 Lakshmi House, 3rd street, Sivanandapuram, Coimbatore. On 26.09.2012, around 12.30 noon, when the old couple were at home, three persons entered into their house and one of them throttled Kamala's [P.W.2] neck with a knife in hand and the other held her tight brandishing a knife and the third one was holding chilly powder. They attempted to cut the thali chain that was worn by her and when she started making hue and cry, her husband Ramakrishnan [P.W.1] came to her rescue. The trio were unsuccessful in relieving the gold chain from Kamala [P.W.2], but after a brief scuffle, they pushed the couple down and fled away in a motorcycle bearing registration no.TN-38-BM-6283.

[b] After getting relieved from the shock, Ramakrishnan [P.W.1] lodged a complaint [Ex.P.1], based on which, the Sub-Inspector of Police, B-9 Saravanampatty (Crime) Police Station registered a case in Cr.No.752 of 2012 under Section 393 r/w 398 IPC against three unnamed accused. Even in the complaint, Ramakrishnan [P.W.1] stated that he grappled with the trio and therefore, he can identify them.

[c] Investigation of the case was taken over by Elango [P.W.6], who went to the place of occurrence and prepared the Observation Mahazar [Ex.P.2] and recorded the statement of various witnesses. on 27.09.2012, he arrested all the three accused and recovered the motorcycle bearing registration no.TN-38-BM- 6283 under the cover of Mahazar [Ex.P.5] in the presence of witnesses Pandian [not examined] and Suresh [P.W.5]. On the disclosure statement of the accused, the Investigating Officer recovered a knife [M.O.2] and chilly powder packet [M.O.3] under the cover of Mahazar [Ex.P.6] in the presence of Pandian [not examined] and Suresh [P.W.5].

[d] The Investigating Officer made arrangements for conduct of Test Identification Parade and the same was conducted by Mr. A. Ramesh Babu, Judicial Magistrate No.III, Coimbatore on 19.10.2012 at the Central Prison, Coimbatore, where the three accused were in remand. In the Identification Parade, Ramakrishnan [P.W.1] and and his wife Kamala [P.W.2] identified all the three accused. Investigation was completed and charge sheet was filed before the Judicial Magistrate No.II, Coimbatore for the offence under Section 393 r/w 398 IPC against the three accused.

3. On the appearance of the accused, they were furnished with the copies of the relied upon documents u/s 207 Cr.P.C. and the case was committed to the Court of Sessions in S.C. No. 24 of 2014 and was made over to the Assistant Sessions Court, Coimbatore for trial. Charges were framed against them under Section 393 r/w 398 IPC and they pleaded not guilty to the charges.

4. The prosecution examined 6 witnesses, marked 11 exhibits and 4 material objects. When the accused were questioned under Section 313 Cr.P.C., they denied the same. No witness was examined on behalf of the accused. After considering the evidence on record, the trial Court held the accused guilty of charges and sentenced each of them to undergo seven years Rigorous Imprisonment, aggrieved by which, the accused are before this Court.

5. Heard the learned counsel for the appellants/accused and the learned Additional Public Prosecutor appearing for the State.

6. Learned counsel for the accused submitted that Ramakrishnan [P.W.1] has stated in his cross-examination that he knows the accused, but strangely, he had not given the name of the accused in the complaint, which form the basis of the FIR. He also submitted that the FIR reached the Court only on 27.09.2012 and the delay has not been explained by the prosecution. It is his further submission th