Ikhtiyor Nazarov, a resident of the Khorezm region, appealed to the Effect.uz editorial office requesting a review of the court rulings against his son, Jumanazar Kurbonboyev.
First Instance Verdict
On September 16, 2024, the Bogot District Court found Jumanazar Kurbonboyev guilty under Article 128, Part 1 of the Criminal Code, sentencing him to 3 years in prison.
Increased Sentence on Appeal
During the appellate stage, at the prosecutor's initiative, the charge was reclassified to Article 118, Part 4. Consequently, the sentence was increased to 5 years of imprisonment.
The Defense's Argument
Defense attorney O. Masharipov highlights several concerns:
Forensic reports provided "probable" assessments rather than definitive conclusions.
The victim's testimony fluctuated and changed over time.
There is a lack of indisputable evidence to confirm guilt.
The petitioner claims that other individuals were mentioned in initial statements, but the focus later shifted exclusively to Kurbonboyev during the legal proceedings.
Supreme Court Position
The case was reviewed through all judicial tiers. A response signed by Alisher Usmonov, Deputy Chairman of the Supreme Court, stated there are insufficient grounds to re-examine the case in a Supreme Court session. The response noted that lower court decisions were supported by biological expertise and case materials.
However, legal experts suggest that given the reclassification of the crime and the contradictions in evidence, a transparent hearing in the Supreme Court would have been appropriate to ensure legal clarity and maintain public trust.
Victim's Testimony
Case materials show that the 14-year-old girl did not directly accuse Kurbonboyev. In her initial statements, she described being assaulted by two young men who followed her and forced her into a "Tracker" vehicle. In subsequent testimonies, she continued to maintain that Kurbonboyev was not the perpetrator.
