JUDGMENT

In this appeal filed under Section 374(2) Cr.P.C ., the appellant, the sole accused in S.C.No.602 of 2011 on the file of the Court of Session, Ernakulam, challenges the conviction entered and sentence passed against him for the offence punishable under Section 376 IPC .

2. The prosecution case as revealed from the final report/charge sheet filed before the trial court on 31/07/2011 is as follows:- The accused during the past one year has been molesting PW1, his neighbour a 16 year old girl, who is intellectually disabled

several times inside her house bearing V/104, Parakkadavu Panchayath, Kodussery, Parakkadavu Village. On 30/12/2010 at 10:00 a.m. he raped her inside the southern room of her house. He raped her several times thereafter also. Hence, as per the final report, the accused is alleged to have committed the offence punishable under Section 376 IPC .

3. Crime no.735/2011, that is, Ext.P11 FIR was registered by PW14, Sub Inspector, Angamaly Police Station based on Ext.P1 FIS given by PW4, the paternal uncle of PW1. The investigation was conducted by PW15, the Sub Inspector, Angamaly Police Station, who on completion of investigation submitted the final report befor