1950 Present: Dias S.P.J.

COSTA, Appellant, and GORDEN (S. I. Police), Respondent

 S. C. 292-M. C. Colombo, 8,474/B

Penal Code-Sections 341 and 345-Using criminal force-Defining section, formulates two definitions-" Without that person's consent "-Burden of proof-" Outraging the modesty of a woman "-No such offence-Sexual offence-Corroboration of alleged victim's evidence necessary-Evidence Ordinance, s. 153.

Where the accused was charged and convicted, under section 345 of the Penal Code, of using criminal force on a girl " with intent to outrage her modesty "-

Held, that section 341 of the Penal Code formulated two definitions of the offence of using criminal force. Under the first definition the burden of proof was on the prosecution to establish that what was done was done " without the consent " of the woman. Under the second definition no such burden rested on the prosecution.

Held farther, (i) that '' outraging the modesty of a woman '' was not an offence and the criminal force alleged to have been used in this case was therefore that contemplated in the second definition.

(ii) that in sexual offences the evidence of the alleged victi