[Criminal Appeal No. 1118 of 2004]. This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 26.06.2003 of the Madhya Pradesh High Court, Gwalior Bench, in Criminal Appeal No.92 of 1990. The facts very briefly are that the informant lodged an oral complaint on 22.12.1987 at 6.00 P.M. at Mangraoul Police Station, alleging that on 21.12.1987 at 6.30 P.M. in the evening when she had gone to the field of Tilak Singh at Naya Kunwa to answer her natural call and was coming out from the field, the appellant came and caught hold of her and fell her down, gagged her mouth, lifted her petticoat and committed rape. She returned home and told her mother-in-law about the incident and on 22.12.1987 when her husband, who works on a truck, returned home, she has come to lodge the report in the police station. The police registered the complaint as an FIR, got the informant medically examined at 7.15 P.M. on the same day. Dr. (Mrs.) Kusumlata of Government Hospital, Seondha, opined that as the informant is a married lady and was habitual to intercourse, no definite opinion could be given on whether she was subjected to any sexual intercourse.
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