The appellant Myilsami alias Mylan appeals against his conviction for an offence under section 376, Indian Penal Code.

P.W. 1 deposes that on or about the 5th day of June, 1968, at about 5 p.m. in the sugarcane field of Raju Chettiar the appellant committed rape on her. She is a minor girl who is more than 13 years and less than 14 years. She says she knew the accused who has his own lands 3 fields away from her fields. The appellant was cultivating his land. On the 5th day of June, 1968, she went to graze cattle on the morning as usual. At about 5 p.m. the appellant came from the east. He questioned her if she snatched a sugarcane. He pulled her by hand. She tried to extricate herself. He lifted her and took her into the sugarcane field, laid her on the ground removed her saree and pavadai and laid himself on her. He removed his dhoti, pressed his male organ on her female organ and pressed it inside. The male organ did not go inside. It went only a little. She did not bear the pain. He did all that he could do. P.W. 1 raised a cry. He caught hold of her throat and pressed. At that juncture P.W. 3, P.W. 4 and Rangaswami Chettiar (not examined) came. They have lands next t