JUDGMENT

Uday Umesh Lalit, J.

1. This appeal challenges the judgment and order dated 31.08.2012 passed by the High Court of Madhya Pradesh, Indore Bench in Criminal Appeal No. 442 of 1998 affirming the judgment and order of conviction and sentence passed by the Sessions Judge, Ratlam in Sessions Trial No.18 of 1997.

2. The instant matter arises out of FIR No.93 of 1997 lodged on 31.07.1997 at about 6:10 a.m. by PW-2 victim to the effect that in the previous night the appellant herein had committed rape on her and following was her version. The victim, an adivasi woman, though married was staying with her parents at Devipada. On 30.07.1997 after having visited her brother at Khetalpur, she had returned by bus and alighted at Bajna bus stand at about 10:00 P.M. She was sitting near a Ghumti when the appellant approached her and suggested to her to spend the night at Dharamshala with his children. She then accompanied him to Dharamshala but since there were no children he took her to the house of another person. There a man suffering from fever was sleeping and on the appellant suggesting that the victim be allowed to sleep there, said man raised objection. Thereupon the appellant went