ORDER

Petitioner, the accused in S.C.No.12/1996 on the file of Assistant Sessions Court, Tirur, who was convicted and sentenced for the offences under Sections 376 and 451 of Indian Penal Code , filed this revision challenging the concurrent conviction and sentence. Prosecution case is that PW1, the prosecutrix, alone was in the house at about 5 p.m. on 30.5.1994. PW2, her mother, had gone outside and PW3, her younger sister, had gone to purchase milk. Petitioner, who is a neighbour and known to the prosecutrix and others, utilised the opportunity and committed trespass into the house of PW1 and caught hold of her and committed rape on her. PW1, a lady, who is suffering from heart ailment and is also slightly mentally retarded, could not offer resistance. Consequent to the rape, there was bleeding from her vagina. PW1 did not disclose the CRRP 187/03 2 factum of rape to the parents immediately. On the next day, the fact was disclosed to PW2. PW1 was then taken to Edapal Hospitals, from where, PW12, the Doctor, examined her and prepared Exhibit P13 wound certificate. It was disclosed to the Doctor that PW1 was raped at about 5 p.m. on 30.5.1994. On getting information from the hosp