IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.35 of 2009 NEELAM DEVI, wife of Ghanshyam Jha, resident of Village- Arer, Purwari Tola, P.S.- Arer, District- Madhubani. ----- Petitioner Versus 1. THE STATE OF BIHAR. 2. Ratneshwar Jha, son of Shobha Kant Jha, resident of village- Arer, Purwari Tola, P.S.- Arer, District- Madhubani. ----- Opposite Parties ----------- 2 30.3.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the opposite parties. Petitioner has challenged the order of acquittal passed on 5.3.2009 by the Additional District & Sessions Judge, Fast Track Court No. I, Madhubani in Sessions Trial No. 683 of 2007 under Section 376 of the Indian Penal code. Mr. Ashutosh Singh, counsel appearing on behalf of the petitioner vehemently argued that the prosecutrix has proved her case and that the Court below should not have disbelieved her statement on the ground that her husband had gone to jail in connection with a murder case of the brother of the opposite party no. 2. Further challenge is made with respect to the appreciation of the evidence by the Court below of the witness Baby Kumari P.W. 1. 2 On perusal of the judgment, I find that the Court below has taken into consideration several facts regarding the quality of the evidence rendered in Court and has come to the conclusion that the witnesses have not been able to prove the manner and place of the occurrence. In the circumstances, I find that there is no ground for differing with the order impugned and the S.L.A is dismissed. Sanjay (Sheema Ali Khan, J.)