JUDGEMENT
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(1.)This appeal is directed against the final judgment and order dated 10.02.2014 passed by the High Court of Patna in Criminal Appeal No. 204 of 2011, whereby the criminal appeal filed by the appellant was dismissed.
(2.)The appellant is one of the three accused, who was convicted under Section 376 (2)(g) of the Indian Penal Code, as it stood prior to 03.02.2013. He had been sentenced with a rigorous imprisonment of 10 years and fine of Rs. 20,000/- (Rupees Twenty thousand) by the learned Additional Sessions Judge, Fast Track Court, Hajipur, vide judgment dated 14.12.2010. The Court did not consider the existence of any adequate or special reasons for imposing a sentence of imprisonment for the term less than 10 years.
(3.)We find that the circumstances of the case require special consideration. Firstly, the evidence of the prosecutrix is not wholly consistent with her statements under Section 164, Cr.P.C. She says at one place that she was alone at home. In her evidence in Court she says that her sister was with her. Secondly, though the prosecutrix claimed that there were injuries on her lips and near her private parts, neither there is any evidence on record to that effect nor there is medical certificate to show external injuries. Strangely, the doctor was not examined.
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