JUDGMENT

Hon'ble EQBAL, J.—Leave granted.

2. State of Madhya Pradesh has preferred this appeal by special leave against the judgment and order dated 2.11.2012 passed by learned Single Judge of High Court of Madhya Pradesh, Bench at Gwalior, who allowed the appeal, preferred by the Respondent-accused, in part maintaining his conviction but reducing six months sentence awarded by the trial court to the period (21 days) already undergone.

3. The prosecution case, in brief, is that on 20.1.2003, when the complainant was taking bath in her bathroom at around 10 AM, the accused-Respondent entered into her bathroom and caught hold of her hand with a bad intention and asked her to come inside. When the complainant refused, the accused with an intention to rape her, started dragging her out of the bathroom. When she screamed for help, two persons reached there and the accused fled away knocking down her on the ground for which she received injuries on her right elbow. Complainant's husband had gone to village Badoli for some work and upon his coming back, the complainant reached the police station along with him and lodged FIR. Upon her medical examination on the same day, following injury on