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3. In the present petition, the petitioner would contend that the inordinate delay in the registration of the crime has not been 2025:KER:3752 explained by the prosecution, and that the victim failed to identify the house where she is said to have resided along with the petitioner, for about 1½ years. It is also stated that the petitioner is bedridden due to paralysis for the past several years and that he is not able to stand, walk or speak. It is the further contention of the petitioner that he was found to be incapable of performing sexual act in the potency test conducted at General Hospital, Changanacherry on 23.08.2013. Another challenge raised by the petitioner against the maintainability of the prosecution is that there is no legal sanctity for the identification of the petitioner by the victim.
2025:KER:3752
7. As regards the negative finding in the potency test conducted on the petitioner on 23.08.2013, it cannot be stated as a circumstance disproving the accusations against him since the sexual acts leading to the registration of this crime took place during the period from 1995 to 1997. Since the petitioner is admittedly suffering from paralysis and related ailments, there is absolutely nothing unusual in getting a negative result in the potency test conducted upon him in the year 2013.