GOVT. APPEAL (DB) No.35 OF 2010 Against the order and judgment dated 9th April, 2010 passed by Sessions Judge, Jamui in Sessions Trial No. 19/2008 arising out of Barhat P.S. Case No. 137 of 2006 ----------- THE STATE OF BIHAR------------- Appellant Versus SUDHIR SINGH-------------------- Respondent ----------- P R E S E N T THE HON'BLE JUSTICE SMT. MRIDULA MISHRA THE HON'BLE SRI JUSTICE DHARNIDHAR JHA Mridula Mishra & Dharnidhar Jha, JJ.This appeal has been preferred by the informant of Barhat P.S.Case No.137 of 2006, against the judgement and order dated 9th April, 2010 passed in Sessions Trial No.19 of 2008 by the District & Sessions Judge, Jamui, acquitting the sole accused Sudhir Singh, from charges under Sections 376/511 IPC. The trial court has recorded a finding that prosecution completely failed to prove the charges. Evidence of not a single witness inspires confidence as they are self contradictory. Trial Court further recorded this finding that the witnesses tried to develop the case in the court and the circumstances also did not support the case of prosecution. The appeal has been preferred by the appellant on the ground of perversity stating that the trial court failed to consider the evidence on record and erroneously acquitted the accused. On perusal of the impugned judgement we do not find any substance 2 in grounds taken for filing the appeal, rather finding recorded by the trial Judge is well considered. In this view of the matter, we do not feel any reason to admit this appeal. Other reason for dismissing this appeal is its maintainability. The informant could not have filed this appeal in the name of State of Bihar, when no appeal has been preferred by the State. The appeal is dismissed on both counts. Patna High Court Dated the 28th of July 2010 AFR/Brajesh Kumar. (Mridula Mishra, J.) (Dharnidhar Jha, J.)