JUDGMENT

G.P. Mathur, J. — Santosh Kumar has preferred this appeal, by special leave, against the judgment and order dated 13.12.2004 of Madhya Pradesh High Court, by which the appeal filed by him was dismissed and the judgment and order dated 23.10.1989 of Sessions Judge, Raisen, convicting him under Section 376(2)(g) IPC and imposing the sentence of 10 years RI and a fine of Rs.500/- and in default to undergo six months RI was affirmed.

2. The case of the prosecution, in brief, is that the prosecutrix Halki Bai, who was resident of village Modakpur had been deserted by her husband and in order to maintain herself she was doing some work as labour. She came by a bus to Silvani in search of work in the night of 20.5.1985. After she had boarded the bus the conductor Munim Mishra enquired where she was going and when she informed him that she was going to Silvani in search of some work, he did not ask for money for issuing to her a ticket. The bus reached Silvani at about 10.00 p.m. and when she was trying to get down, Munim Mishra told her that she may sleep in the bus itself rather than going anywhere in the night and in the morning he would arrange some work for her. Halki Bai t