1940-01-09 — Page 3

RAPE CASE APPEAL

DISMISSED

AGIT SINGH, A CONSTABLE WHO WAS SENTENCED TO FIVE YEARS HARD LABOUR AT THE NOVEMBER SESSIONS BY MR JUSTICE R. E. LINDSELL, THIS MORNING UNSUCCESSFULLY AP- PEALED AGAINST THE CONVIC- TION AND SENTENCE BEFORE A FULL COURT OF APPEAL COM. POSED OF THE CHIEF JUSTICE, SIR ATHOLL MACGREGOR (PRE- SIDENT) AND MR. JUSTICE J. A. FRASER.

The appellant was represented by Mr. Percy Chen, who also defended him at the trial in the other court. instructed by Mr. C. A. S. Russ, while Mr. T. J. Gould, Crown Counsel, was for the Crown.

Mr. Chen then said that he was abandoning his first point.

CONSENT ARGUMENT

The case he said ended late at night with a great strain on judge that and jury and was peculiar in on the one hand the prosecution put forward that there was no consent by the woman and the defence based from the start their defence in that the woman was the kept mistress of accused. The crux of the matter was that there was consent.

Continuing Mr. Chen said that the prosecution had called medical evid- ence but that evidence was in favour of accused.

There were several very important both discrepancies in the evidence in the lower court and at the trial had been and these discrepancies passed over by the judge by saying frailties of human they were the

The grounds of the appeal were

the that corroboration of

prosecu- trix's evidence was insufficient in Law and practice; that the verdict was against the weight of evidence given | memory. at the hearing, and, that there was a miscarriage of justice resulting from the misdirection of the jury by the trial judge.

In connection with the last point it was added that the trial judge in his summing up failed to point out that there was no evidence, nor even suggestion, that the prosecutrix terrorised or paralysed by fear.

EXTENSION OF TIME

WILS

At the outset Mr. Chen said that an application was being made for an extension of the time required in which notice of appeal had to be given. In this case the appellant the gave notice of appeal against sentence within the prescribed period

was

|

Referring to the third point Mr. Chen said the evidence of the doctor showed that there were no bruises on the woman which should have been the

if a naked struggling on the ground.

case

woman

Was

In conclusion the Chief Justice sald that he was satisfied on reading the notes and evidence of the trial judge that there was no material point in law or evidence which he, the trial judge, did not put to the jury.

The conviction was upheld and on the question of sentence,

as Mr. Chen was not able to give grounds, this was also upheld, the sentence to start from to-day,

but on consulting his counsel FACTORY

advised to also appeal against the verdict.

CLASH

SEQUEL

As a sequel to the clash between

In reply, Mr. Gould said that the principal allowing such an applica- tion was that substantial reason must be given for the delay. In this case there was no such reason. The de- lay caused great inconvenience in that the notes of the trial judges had Police and some 300 factory workers been destroyed and because of this the notes were now not so accurate as they might have been.

The Chief Justice said that the charged with disorderly conduct be- appeal against sentence was in time fore Mr. E. Himsworth at the Kowloon and the appeal against the verdict | Magistracy. arose after consulting his legal nd-

in Kowloon City on Saturday morn- ing, 13 employees of the Chung Hwa Book Factory were this morning

Nine of the 13 accused were fur- visers. He knew his rights in asther charged with intimidating T. T. much as the sentence was concern- | Kong.

ed. Leave would always be granted At the request of Inspector H. E. in reasonable circumstances and the Rogers, all accused were remanded Court was prepared to grant the ap- for a week. plication.

Bail of $500 each was allowed.

er

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