The sufficiency of evidence from a single witness and the principle that delay in lodging the FIR does not necessarily affect the truthfulness of the prosecution case were central legal points established in the judgment.

JUDGMENT :

V. Sivagnanam, J.

Prayer: Criminal Appeal filed under Section 374 (2) Cr.P.C. to set aside the judgment dated 21.10.2013 made in Special C.C.No.12 of 2014 on the file of the Sessions Court (Mahila Court) Mahalir Nithimandram, Coimbatore by allowing the present Criminal Appeal.

1. Challenge in this criminal appeal is to the judgment and order dated 21.10.2013 passed in C.C.No.12 of 2014 on the file of the Sessions Court (Mahila Court) Mahalir Nithimandram, Coimbatore.

2. The appellant, who was an accused in Special C.C.No.12 of 2014 before the Sessions Court (Mahila Court) Mahalir Nithimandram, Coimbatore, was convicted and sentenced as under:

The aforesaid sentences were ordered to run concurrently. A compensation of Rs.1,00,000/- was awarded to the victim girl to be paid by the Government.

3. The facts leading to the filing of this case are as under:

3.1. The case of the prosecution is that the victim (prosecutrix) is a 13 year old minor girl who was paralysed by polio and could not stand or walk without support. The victim girl is residing at Harijana Colony, Kittampalayam Panchayat, Karumathampatty, along with her father Viz., Rangan and mother viz., Valliammal. On 20.08.2012, her mother’s paternal uncle died who was residing in the same street, just ten houses beside the victim’s house. All the three persons attended the death ceremony. At that time, the victim was hungry and wanted to take some food and so, she went to her house alone. About 4.00 p.m., while she was watching TV the accused known to the victim and her family persons came into the house and asked the TVS 50 key to go to Karumathampatty and so the victim went into the room to take the TVS 50 key. The accused followed her and locked the door and thereafter, raped her. The victim attempted to shout but the accused placed a cloth and closed her mouth with one hand and she was not able to make any sound. Further, she being a polio attacked paralysis person, was unable to resist the accused from committing the crime. Shortly, the victim’s mother viz., Valliammal entered into the house, and found that her daughter was raped by the accused. The accused immediately prostrated at her feet pleaded to excuse him. Then, he ran away from the house. Then the victim’s mother informed her husband. After the completion of death ceremony of victim’s grandfather, on the next day, her father viz., Rangan (P.W.1) gave the complaint before the Karumathampatti police (Ex.P.1).

3.2. Tmt.Sarojini, (P.W.17) Sub Inspector of Police, Karumathampatti Police Station received the complaint (Ex.P.1) from (P.W.1) Rangan on 21.08.2012 about 11.30 a.m., and registered case in Crime No.376 of 2012 under Section 376 IPC and registered an FIR (Ex.P.16).

3.3. Thiru. Anandh Arokiaraj (P.W.18) incharge Inspector of Police, Karumathampatti Police Station, at that time received the FIR and took up investigation. He went to the place of occurrence and prepared the Observation Mahazar (Ex.P5) and rough sketch (Ex.P17) in the presence of witnesses Rangasamy (P.W.8) and Nagaraj (P.W.12). Further (P.W.18) recovered black colour faded middy, white colour half hand shirt and hand kerchief (M.O.1, M.O.2 & M.O.3) under Form 91 and Mahazar (Ex.P.18) and also examined witnesses and forwarded the victim girl for medical examination. Thereafter, he arrested the accused on 21.08.2012 at about 17 hours before Valaipalayam bus stop and examined him and sent him for medical examination. Thereafter, he was remanded to judicial custody.

3.4. Dr.Senthilkumar (P.W.11) examined the accused viz., Kanagaraj with rega