The senior Bharatiya Janata Party (BJP) leader Syed Shahnawaz Hussain has been summoned in relation to a rape case by Delhi court.
The Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Mehta from the Rouse Avenue Court has not accepted the cancellation report that the Delhi Police files stating no case against Hussain.
The protest petition filed by the victim has been accepted by the court. In the petition filed, the petitioner said that police has adopted a negative approach in this case due to which it took her about 5 years to register the first information report (FIR).
The petitioner also said the police has deliberately foud no evidence against the leader.
The Court took cognisance of the offences under Sections 376/328/506 of the IPC and summoned Hussain.
The leader has been ordered to come before court on October 20.
As per the report available , it is alleged that in April 2018, Shahnawaz took the complainant to a farm house, where he intoxicated her and committed rape on her.
It was also said that the leader has allegedly made a video of the act and is blackmailing and threatening the victim of dire consequences if she disclosed=s the incident.
It was the complainant’s case that the FIR in the case was registered only after the intervention of the Delhi High Court and the Supreme Court.
After considering the case, the court held that there is no reason to throw out the complainant’s case at the outset.
The court said that untill the Investigating Officer brings such material on record to establish that there is the no possibility of the act does the court will not throw out her case at the outset.
The judge further observed that whether the statement of the complainant is reliable or not can be found out only after the same is put to scrutiny before a trial court.
He rejected the contentions of the prosecution questioning the veracity of the complainant’s allegations. The court was of the view that minor contradictions in the statement of the complainant cannot be a ground to disbelieve her version in toto.
“Here is a woman before the Court who is stating before the police and before the court, repeatedly, that she has been raped by being intoxicated; unless IO brings such material on record to establish that there is no possibility that she could have been raped, this court has no reason to throw out her case at the outset,” the Court said.
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