IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.197 of 2011 SADANAND SAH, son of late Govind Sah, resident of Village-Chahatpur, Domaria Tola, Police Station-Palasi, District-Araria ….. Appellant Versus 1. THE STATE OF BIHAR 2. Bijali Devi, wife of Sadanand Sah 3. Mahabir Sah, son of late Ruplal Sah Both are residents of village-Chahatpur, Police Station-Palasi, District-Araria ……. Respondents ----------- 3/- 03.03.2011 Heard Shri Mukesh Kumar Rana, learned counsel appearing for the appellant in support of the present appeal, which has been filed under section 372 of the Cr.P.C., and Mr. S. N. R. Pd., learned A.P.P. for the State. The allegation was that the respondent committed rape upon the daughter of the informant as may appear from the prosecution evidence of the informant as set out by the learned trial judge in paragraph 8 of the judgment. There was a background of serious enmity on account of pending civil and criminal cases. There was a lapse of about 7 days from the date of occurrence in making report by the informant, P.W. 6. The witnesses, who were cited in the First Information Report were not coming forward even to support the allegation. In a hearsay manner, they simply told the Court that they had nothing in their knowledge that any occurrence on the said date as alleged had taken place. It is true that informant and his daughter, P.W. -10 have supported the allegation but this Court has come to a conclusion that if anything had occurred, as was alleged by the two witnesses P.Ws. 6 and 10, then other witnesses ought to 2 have come to support it. Besides, there was no circumstance in support of the allegation. The claim of the prosecutrix also appears discussed in Paragraph 10 while the evidence of the prosecutrix discussed at page 7 paragraph 10 of the judgment. After having considered the judgment of acquittal passed by the learned Additional Sessions Judge, F.T.C. No.II, Araria in Session Trial No. 103 of 2002 arising out of Palasi P.S. Case No. 147 of 2000, the court finds that the view taken by the court below was the possible view and in that view the judgment of acquittal suffers from no element of perversity. The appeal is dismissed. Ashwini/- (Dharnidhar Jha, J.)