[COURT OF CRIMINAL APPEAL]

1951 Present.- Dias S.P.J. (President), Gratiaen J. and de Silva J.

JARLIS, Appellant, and THE KING, Respondent

APPEAL NO. 17 OF 1951

 S. C. 40-M. C. Kalutara, 7,965

Court of Criminal Appeal-Rape-Father and daughter-Evidence of previous similar acts-Admissibility-Mens rea-Evidence Ordinance, ss. 9, 14, 15-Cor-. roboration-Proper direction to jury.

Where the accused was. charged with committing rape on his daughter, and evidence was led by the prosecution of previous similar acts of misconduct by the accused with the same daughter-

Held, that the evidence was admissible, not to prove that the accused was a man of bad character or to prove mens rea, but, under section 9 of the Evidence Ordinance, to show that the father had conceived a guilty passion for his daughter. Such evidence may also be relevant under sections 14 and 15 of the Evidence Ordinance, or to rebut a defence which would otherwise be open to. the accused.

Held further, that in a case of rape there is no duty upon the Judge to point out to the jury pieces of evidence which are capable in law of amounting to corroboration it would be sufficient i