Mockett, J.

1. The appellant has been convicted of the offence of rape under Section 376, Penal Code. The woman on whom he is alleged to have committed rape is named Subbammal. She lived at a village Poovanallur which is nine miles from Kangeyam and the offence is said to have been committed on 9th December 1940 at lamp-lighting time, which may approximately be said to be about 6 oclock. The allegation is that Subbammal had gone to Kangeyam where the shandy was and was returning in the evening when she was raped by the appellant. The learned Sessions Judge has accepted the case for the prosecution, has taken a very grave view of the offence which, he considered was committed with considerable brutality and sentenced the appellant to rigorous imprisonment for five years and to receive 25 stripes under Section 4, Whipping Act. The occurrence, as I have said, is alleged to have taken place at about, 6 P.M., on 9th December. The first information report reached the police at Kangeyam on the next day at about 7-40 A.M. It is a most important document and I will set it out in full:

Yesterday while I was returning from the Kangeyam shandy with Meenakshi Ammal, Palani Chetty, Subbara