JUDGMENT

Taylor J:

This is a revision of the proceedings before a Magistrate on a private summons for voluntarily causing hurt under s. 323 of the Penal Code.

Both parties are married women living in the same Kampong. The complainant is aged about 25 years and the accused still in her teens. There has been jealousy between them over family affairs.

The complainant's story, which was supported with consistent detail by two witnesses, was that while she was bathing at the well near her house, the accused came and assaulted her; all three testified that the accused was alone.

The accused admitted a scuffle but stated that it took place on the public road and that the complainant provoked the incident by throwing water on her. This was supported by one witness, her niece, aged about 13, who did not see the two witnesses for complainant.

At the close of the case the learned Magistrate wrote:

According to the evidence both accused and complainant guilty of affray. Cautioned and discharged.

The complainant was dissatisfied and sent what is in substance a petition of appeal to the Public Prosecutor who submitted the case to the High Court with a view to revision.

In his Grounds of J