Advocates:
['RAJENDRA SINGH AZAD', '', 'MOHD SAFDAR', 'PARIKSHIT SAINI', 'GAURAV SINGH', 'G A']

Reserved Judgment

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Appeal No. 206 of 2020

Usman @ Sameer

…..

Appellant

Versus

State of Uttarakhand

..…. Respondent

Mr. Parikshit Saini, Advocate for the appellant.

Mr. Shubhash Tyagi Bharadwaj, Deputy Advocate General with Ms.

Shivangi Gangwar, Brief Holder for the respondent/State.

[Per: Hon’ble 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