The following case of attempted rape by a major in the army is reported from Turkestan, Major Ch'in, a native of Hunan, who had risen from the ranks, was stationed in the Malapashih district where his next door neighbour was a man named Li who had a daughter under ten years of age. One day her mother went out shopping and left the little girl at home to look after the house, The major, seeing his opportunity, stole into the house and attempted to commit a rape upon the girl, but was interrupted by the mother's return, The father came in shortly afterwards and ascertaining what had happened took the girl to the major's house and charged him with the crime. The major denied the charge father. The latter then brought a formal complaint against him before the magistrate, asserted that he himself had been witness of the affair and that rape had actually been committed. This statement was at variance with the evidence of the mother and several nther witnesses and was disproved by the testimony of a matron who made an examination of the girl. The father received 50 blows for inaccuracy of his statement and feeling greatly aggrieved went home and commit ted suicide by swallowing foreign opium, The following are the two statutes which apply to the case (a) The seduction of a girl under 12 years of age even when she is a consenting party is considered as rape with violence (b) Any one who attempts to commit a tape upon a girl under 12 years of age is to be sent as a domestic slave to the soldiers in Heilungchiang, and this is the sentence which has been passed upon the major. As, however, is considered that the ¢élement of consent places the crime in a different category from that of rape with violence and that the offence was committed before the proclamation of the late amnesty, the Board is requested to decide whether the major ought to receive any remission of the sentence. The magistrate who tried the case is held to have exceeded his powers in administering 50 blows to thet girl's father, especially as he was the plaintiff in the ease, and. the, defendant, ing an oticer of the 3rd rank, could not be tortured. He has been removed from office, 1th March.
Text read from the printed page and cleaned; old type leaves the occasional error.