[COURT OF CRIMINAL APPEAL.]

1943 Present: Moseley S.P.J., Keuneman and Wijeyewardene JJ.

THE KING v. MUSTHAPA LEBBE.

 6-M. C. Kalmunai, 28,678.

Court of Criminal Appeal-Finding of fact-Verdict of jury-Court has a real doubt as to guilt of accused-Verdict set aside.

 The Court of Criminal Appeal will not interfere with the verdict of a jury unless it has a real doubt as to the guilt of the accused or is of opinion that on the whole it is safer that the conviction should not be allowed to stand!

APPEAL from a conviction by a Judge and jury on the second Eastern Circuit, 1943.

M. M. Kumarakulasingham (with him G. Thomas), for appellant.

E. H. T. Gunasekera, C.C., for the Crown.

Cur. adv. vult.

October 4, 1943. MOSELEY S.P.J.-

The appellant was convicted of rape. The act of intercourse is admitted and the only issue to go to the Jury was the one of consent. The story of the girl is that she was sweeping the compound of her house when she was seized from behind by the appellant, pulled into the house in spite of her resistance, placed upon the floor and raped. Her story in respect of what occurred outside the house is corroborated