Thomson LP:

(delivering oral judgment) This appellant was convicted in the High Court at Ipoh for the rape of a woman, Soh Lee Heck, at Trong in the District of Larut and Matang, in the State of Perak, on 23 August, last year, in contravention of s. 376 of the Penal Code and was sentenced to four years' imprisonment and six strokes of the cane.

Against that conviction and sentence he has now appealed.

The prosecutrix is an unmarried woman, aged 29, employed as a domestic servant. On the night of 22nd/23rd August her employers were away from home and she was sleeping in their house with her younger sister. Her story was that about 10.30 p.m. she went to bed dressed in a blouse and trousers. About 3 a.m. she woke up and found two men in the room, one of whom was the appellant whom she did not know before. He was naked, however, and she observed a body mark on his shoulder. He held her by the throat and threatened her with a knife. He made her lie down and had sexual intercourse with her. She was unable to struggle as all the time he was holding his knife to her person.

When he had accomplished his purpose the appellant and his companion left the house. The prosecutrix sho