IMPORTANT POINT
Consent given by a mentally unsound person is invalid in law, and the delay in lodging an FIR in rape cases does not automatically undermine the prosecution's case if satisfactorily explained.

JUDGMENT :

R.SAKTHIVEL, J.

This Criminal Appeal is preferred by the 'appellant/ accused' [henceforth 'accused' for the sake of brevity] assailing the 'Judgment dated February 25th, 2022' [henceforth 'impugned Judgment' for the sake of clarity] passed by 'The Fast Track Mahila Court, Ramanathapuram' [henceforth 'Trial Court' for the sake of brevity] in Sessions Case No.32 of 2018 in which the accused was convicted for the offences punishable under Sections 450 and 376(2)(m) of 'The Indian Penal Code' 1860 (Act No.45 of 1860) [henceforth 'IPC' for the sake of brevity] and sentenced as follows:

2. The case of the prosecution, in brief, is as follows:

2.1. P.W.1 resides in Pamban Chinnappalam along with her husband, son, daughter, sister and sister’s daughter. Her daughter namely, X (name masked for the sake of privacy) is the victim in this case [henceforth 'victim' for the sake of convenience and clarity]. Victim is mentally challenged. P.W.1 and her husband are engaged in fishing avocation due to which they would leave their house early in the morning, leaving victim in the care and custody of victim’s aunt (P.W.1’s sister). The sole accused in this case is also residing in Pamban Chinnappalam.

2.2. On August 24th, 2017, P.W.1 and her husband left the house at 05.00 hours in the morning, leaving victim along with victim’s aunt (P.W. 1’s sister) and victim’s cousin (P.W.1’s sister’s daughter). At about 09.00 hours on the aforementioned date, victim’s aunt left the house to Government Hospital to buy medicines while, victim’s cousin was in the kitchen at the back of the house. At that time, the accused trespassed into victim’s house, disrobed victim and forcibly raped her. Upon witnessing the accused committing rape upon victim, victim’s cousin raised alarm. Upon hearing this, neighbours and people in the vicinity rushed to the scene of occurrence and the accused ran away.

2.3. Upon learning the said incident from victim’s aunt, P.W.1 lodged a Written Complaint at All Women Police Station, Rameshwaram on the aforementioned date at 15.00 hours. Pursuant to the complaint, Investigating Officer (P.W.18) registered an FIR (Ex.P.10) in Crime No. 5/2017 under Sections 450 and 376(2)(m) of IPC. Then she went to the scene of occurrence at 16.00 hours on the same day and prepared Rough Sketch (Ex.P.12) and Observation Mahazar (Ex.P.11) in the presence of the witnesses Karupasamy (P.W.15) and Praveen (P.W.16). Then she examined the witnesses to the incident and recorded their Statements. Then at 18.30 hours, she arrested the accused at Pamban Bus Stop and recorded the Voluntary Confession given by him in the presence of witnesses Ibrahim Shaw (P.W.5) and Nambuvel (P.W.8). Then she sent the accused to judicial custody. Then she sent a requisition to the Court and sent the accused for medical examination along with Chandrasekar (P.W.6) and Saravanan (P.W.9). Then she sent the victim for medical examination along with police personnels namely, Geetha (P.W.10) and Chithra (P.W.14). Thereafter, Investigating Officer (P.W.18) got transferred and Investigating officer (P.W.19) took over the case.

2.4. Investigating Officer (P.W.19) examined the medical and forensic witnesses in this case. After completion of investigation, she laid Final Report against the accused before