Ajaib Singh J:

This was an appeal against sentence. The appellants were charged on two counts under ss. 392 and 397 read with s. 34 of the Penal Code and upon their pleading guilty to the charges they were each sentenced to four years' imprisonment. In addition the first appellant was ordered to receive two strokes of the rotan and the second appellant was ordered to receive one stroke of the rotan.

The facts of this case as recorded by the learned President of the Sessions Court were that on 26 August 1974 at about 2 a.m. the two appellants together with a third person went to Labu Estate. One of them proceeded to the house of the complainant who was a hospital assistant of the estate dispensary. This person called out the complainant and told him that he had brought an injured man to the dispensary and requested the complainant to give him medical treatment. The complainant dressed up and accompanied the person to the dispensary which was a short distance away from the complainant's house. There the complainant saw two persons seated on a bench near the dispensary. The complainant then opened the dispensary and switched on the lights whereupon the three persons followed