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LOK PAL SINGH
Usman @ Sameer – Appellant
Versus
State Of Uttarakhand – Respondent
Key Points: - The judgment confirms that the evidence (victim testimony, PW1 corroboration, medical report Ext. A-8) substantiates rape of a minor on two occasions and threats to family, supporting conviction under IPC sections 363, 366A, 376(2)(n) and POCSO Secs 5(i)(l)/6 [26000122940019]. - The victim’s age is established as 17 at the time of the incidents; the court notes the victim’s date of birth as 25.07.1998 and that she was a minor on 27.10.2015 and 08.01.2016, making consent irrelevant [26000122940014][26000122940015][26000122940008]. - The court addresses issues around the recording of statements under Section 164 Cr.P.C. before SDM rather than Judicial Magistrate, and questions the propriety of this procedure, but still upholds the conviction on the merits [26000122940012][26000122940013]. - The appellate court finds no error in law or fact in the trial court’s decision and maintains the conviction and sentences; the appeal is dismissed [26000122940020]. - The court references statutory age-determination procedures under Juvenile Justice Rules and emphasizes age determination should follow Rule 12(3) and relevant certificates or medical opinion only if other documents are unavailable [26000122940016] (!) (!) (!) (!) .
JUDGMENT
Lok Pal Singh, J. - Criminal law was set into motion at the instance of PW1 (complainant and sister of the victim) who submitted a report (Ext. A-1) with P.S. Kotwali Gangnahar, Roorkee, District Haridwar on 28.03.2016 at 21:35 hours stating therein, that her sister, who is a minor was enticed away by accused Usman @ Sameer, r/o House No. 657, Banda Road, Roorkee on 11.03.2016, but father of accused did not permit them to enter the house and instead handed them over to the police. The victim was given in the custody of her father before the Magistrate. On her return back to her house, sister of the complainant told that the accused-appellant took her to hotel Maya Palace on 27.10.2015, where he committed rape forcibly with the victim. Again on 08.01.2016, accused took the victim to Hotel Jewels, Civil Lines, Roorkee and committed rape on the victim against her wishes and threatened her that if she dare to disclose anything to her parents or relatives and will disobey him, he will commit murder of her entire family members.
2. On the basis of said report, chik FIR (Ext. A-6) was lodged against the accused in respect of offences punishable under Sections 363, 366A, 376 IPC and
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