The central legal point established in the judgment is the requirement for credible and corroborative evidence, especially in cases of sexual offenses, and the importance of effective cross-examination to test the complainant's testimony.

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, Subbaraya Chetty, Palaniswami Goundan and Karichiappa Goundan (appellant)-these also came along with us from the shandy. As we were nearing the itteri to the north of Molapalayam, Samiappa Goundan, his younger brother Ponnuswami Goundan, Sellappa Goundan, Muthuswami Goundan and Sundara Goundan-these were sitting in the itteri. On seeing us they observed: Why delay? Look sharp and immediately Karichiappa Goundan (appellant) who was coming with us, caught me, pushed me down, untied my saree and threatened to stab if I raised any alarm by showing a knife in his hand. The said Palaniswami Goundan, caught hold of Meenakshi Ammal who was coming along with me. Kariohiappa Goundan ravished me and threatened to stab if I did not give up my jewels.

She sets out in detail the ornaments which she gave up and proceeds:

Palaniswami Goundan, left off Meenakshi Ammal, pushed me down and raped me. Then Kariohi Goundan and Palaniswami Goundan these went away to Molapalayam with those five who were sitting in the itteri. We returned to the village. Out of fear we stayed in the village itself for the night and today I came and have reported to you.

So it will be seen that this woman alleged the next day that she was threatened with a knife, robbed of her jewellery and raped by the appellant and that Palaniswami Goundan also raped her. At the Sessions she told another story, a very remarkable story. There her version as P.W. 5 was this: On her return home she passed the appellant at the toddy shop at Sambavalasu. He followed. There were three Chettis in front and she and her sister were walking. The appellant, she said, was walking behind drunk. As they were passing Kannakkankadu, the appellant came in front and told her to stop. As to what happened thereafter this is what she said:

Then he pushed me down and I shouted out. My sister came towards me but the accused pushed me down on some thorns, pulled up my sari and raped me on the spot. My sister shouted out to the accused and he then threatened to stab her if she remained there much longer. When the accused first struggled with me he showed me a knife and this he showed to the Chettis, P.Ws. 7 and 8, as they came up and they turned tail and went off as soon as they saw it. My sister ran away at the threat and I got up as soon as the accused finished raping.

This is important because those words mean and can only mean that this man had completed the act of intercourse. She proceeds:

As I was arranging my cloth, the accused caught hold of me and dragged me across the field about 80 yards and again threw me down and raped me. I dared not raise any alarm as he threatened me with the knife. I begged him to let me go, but again he dragged me across the field for about 100 yards, again threw me down and ravished me a third time.

She descr