The judgment emphasizes the importance of credible evidence and the need to prove charges beyond a reasonable doubt, especially in cases involving serious offenses like rape.

Both these accused stand convicted and sentenced to undergo R. I. for three years and fine of Rs. 5,000/- under Section 452 I. P. C. ; three years R. I. and fine of Rs. 5,000/- under Section 363/ 511 I. P. C. ; three years R. I. and fine of Rs. 5,000/- under Section 363 I. P. C. ; seven years R. I. and fine of Rs. 10,000/ - under Section 366 I. P. C. ; one years R. I. under Section 506 I. P. C. and im prisonment for life and fine of Rs. 50,000/- each under Section 376 I. P. C. and in default of payment of fine to further undergo R. I. for a period of 1/3rd of the period of sentence awarded on each count, per judgment dated 30-8-2000 passed by the Additional Ses sions Judge, Dehradun in sessions trial no. 73/ 1999. The sentences were di rected to run concurrently and it was further directed that on realization of fine, a sum of Rs. 80,000/- shall be paid as compensation to the victim of the rape.

2. The facts of the case may be briefly stated as under :

Both the accused aged about 18-19 years are residents of village Harbhajanwala of P. S. Kotwali, Dehradun. Their village is situate near village Solabeegha, Patti Mehuwala within the circle of Police Reporting Out Post, Patel Nagar of the town of Dehradun, where informant Suresh Lal (P. W. 3) was residing with his family members consisting of his wife Smt. Deveshwari (P. W. 2), one son Rajesh and two daughters, Km. Sushma (P. W. 1) and Km. Rajani, who is men tally retarded and is the alleged victim of kidnapping and rape.

3. In the night between 5/6-4-1999 informant Suresh Lal and his wife were sleeping in one room and whereas the son and two daughters were sleeping in the adjoining room. At about 12. 30 in the night both these accused entered in the room of the children after breaking-open its door and made an attempt to forcibly kidnap Km. Sushma. On the hue and cries and alarm raised by the children Suresh Lal and his wife woke up and reached the room of the chil dren. Km. Sushma was rescued from being kidnapped and taken away by these accused. Suresh Lal was even successful in catching hold of accused Rinkoo but was given teeth bite in one of the fingers of the left hand and in the process this accused got

himself freed and ran away along with his compan ion accused David. The incident caused noise all around and the neigh bours of the informant were also awak ened.

4. Informant Suresh Lal out of fear bf the accused decided to take shelter in the house of his one of the neigh bour Sukh Bahadur (P. W-7 ). Suresh Lal, his wife, son and elder daughter however forgot to take the younger daughter Km. Rajani with them and she continued to remain in the room of the house of the informant which was raided by these accused. After some time both the accused again reached there on a motorcycle no. U. P. 07a-5396 and started knocking the door of the room in which Suresh Lal and oth ers have taken shelter/accused started striking bricks on the shutter to have the same opened but they could not suc ceed in their attempt. Both the accused however went towards the room of the house of the informant and picked up Km. Rajani to take her away from there. Suresh Lal, his wife and neigh bours namely Sukh Bahadur, Ram Bahadur and Khadak Bahadur came out to rescue Km. Rajani from these accused out they were given threat of death by the accused by use of fire arm. The accused were thus successful in kidnapping Km. Rajani who was taken away from there by these ac cused on the motorcycle. Suresh Lal and others thereafter went out towards Arcadia Tea Estate in search of Km. Rajani and after about 1 hour Km. Rajani in a naked state was seen com ing towards the house from the side of the tea estate. She had scratches on her face and chest and was bleeding from her private part. However despite search both the accused could not be traced but their motorcycle was found lying abandoned in the tea estate. Km. Rajani was provided another pair of clothes by the informant and she was taken to