A Delhi court on Tuesday summoned Bharatiya Janata Party (BJP) leader Syed Shahnawaz Hussain in relation to a rape case. .Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Mehta of the Rouse Avenue Court refused to accept the cancellation report filed by the Delhi Police which said that no case at all is made against Hussain. The court accepted the protest petition filed by the victim, in which she claimed that the police has adopted a negative approach in this case from the very start, and that it took them five years to register the first information report (FIR). She further said that police deliberately failed to procure evidence against Hussain..The Court took cognisance of the offences under Sections 376/328/506 of the IPC and summoned Hussain. He has been ordered to appear before the court on October 20. .The allegation is that in April 2018, Shahnawaz took the complainant to a farm house, intoxicated her and committed rape on her. He also allegedly made a video of the act and threatened her with dire consequences if she disclosed 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."Unless IO [Investigating Officer] 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.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.."Police have a lot to explain:" Delhi High Court orders registration of FIR against BJP leader Shahnawaz Hussain accused of rape
A Delhi court on Tuesday summoned Bharatiya Janata Party (BJP) leader Syed Shahnawaz Hussain in relation to a rape case. .Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Mehta of the Rouse Avenue Court refused to accept the cancellation report filed by the Delhi Police which said that no case at all is made against Hussain. The court accepted the protest petition filed by the victim, in which she claimed that the police has adopted a negative approach in this case from the very start, and that it took them five years to register the first information report (FIR). She further said that police deliberately failed to procure evidence against Hussain..The Court took cognisance of the offences under Sections 376/328/506 of the IPC and summoned Hussain. He has been ordered to appear before the court on October 20. .The allegation is that in April 2018, Shahnawaz took the complainant to a farm house, intoxicated her and committed rape on her. He also allegedly made a video of the act and threatened her with dire consequences if she disclosed 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."Unless IO [Investigating Officer] 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.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.."Police have a lot to explain:" Delhi High Court orders registration of FIR against BJP leader Shahnawaz Hussain accused of rape
