Judgment :

A.K. Patnaik, J.

This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 13.12.2004 of the Madhya Pradesh High Court, Gwalior Bench.

2. The facts very briefly are that a First Information Report (for short 'FIR') was lodged by the complainant in Police Station, Civil Lines, Morena, on 01.03.2000 at 7.50 p.m. in the evening. In her verbal statement which was registered as FIR, the complainant stated that on the previous night while she was sleeping in her house in village Tighrapura in a room at about 2 a.m., the appellant, who was her neighbour, entered into her house and forcibly committed intercourse with her when her sister-in-law Guddi Bai sleeping in a nearby cot woke up after listening to weeping of the complainant and then the appellant ran away. The complainant further stated that her husband Rajesh had been to the well to give water to the field and when he came in the morning she told him about the incident and he went to Khadiahar to call her father-in-law Ram Bhajan but he did not meet him and then the complainant has come with her husband to lodge the FIR. Pursuant to the FIR, an x-ray was conducted on the c