IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.42 of 2010 The State Of Bihar ………………………. Appellant. Versus 1. Alauddin Sain s/o Sarfuddin Sain. 2. Gayasudin Sain s/o Sarfuddin Sain Respondents 1 and 2- residents of village- Koraipur, P.S. Obra, District- Aurangabad. 3. Mumtaz Sain. 4. Mannu Sain 5. Jumrati Sain Respondent nos. 3 to 5-residents of village- Shahari, P.S. Karakat, District- Rohtas. ………. Respondents. ----------- 8 20/07/2011 Heard government counsel at length. We are fully satisfied that the trial Court has not committed either any error of law or any error of fact in deciding the case acquitting the accused persons. The trial Court has noted that upon F.I.R. lodged by opposite party no.5, the two brothers of the prosecutrix were sentenced to ten years imprisonment, which was up-held by this Court. It is in retaliation thereto that she alleges that in presence of her father and her brothers, she was dragged by opposite party no.5, his two sons and his two son-in-laws to the field and in presence of opposite party no.5 the two sons and two son-in-laws repeatedly rapped her, two times each. This has been disbelieved by the trial Court rightly . It is further apparent that she was dragged away in presence of her father and brother, none of them hit any one or call any body to stop the carnage .It further appears that the prosexutrix after the said carnage is alleged to have been taken to a doctor where she remained the whole night and 2 received treatment. The doctor has not been examined . The investigating officer has also not been examined prejudicially affecting the case of the defence. In view of the aforesaid, we are not inclined to interfere with the matter. The appeal is accordingly dismissed. Singh ( Navaniti Prasad Singh, J.) (Ashwani Kumar Singh,J)