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Synopsis

A Delhi Court on Tuesday summoned BJP leader and former Union Minister Syed Shahnawaz Hussain on a woman's complaint alleging rape and criminal intimidation. 

The court took cognizance of the alleged offence and directed the former Union Minister to appear before it on October 20, 2023.

Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Mehta of Rouse Avenue Court said, “This court after going through the cancellation report, protest petition filed by the complainant, the reply to the protest petition filed by the IO and other material on record is of the view that the complainant has given consistent statements to the police, to the court in her application and before the Ld. Magistrate in her statement u/s 164 CrPC”.

The Delhi Police had filed a report before the court seeking cancellation of the FIR.

The ACMM noted, “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 complainant has alleged that on April 12, 2018 during the BJP dharna in Delhi, alleged Syed Shahnawaz Hussain called the complainant into Roshan Tent House to sort out the problems between the complainant and the brother of the accused i.e. Syed Shahbaz Hussain and raped her and also threatened the complainant with dire consequences stating that he had prepared video in this respect.

The complainant's case is that the accused threatened to kill her and her family members and that is why she could not take any legal action against him initially and was in depression for a long time on April 22, 2018, she filed a complaint in Mehrauli police station. 

The judge said that the statement of the Prosecutrix u/s 164 CrPC is the most clinching piece of evidence especially in cases of rape as there are seldom any eye-witnesses to such heinous offences. “Whether the statement of the Complainant is reliable or not can be found out only after the same is put to scrutiny before the Court of Trial”, it said.

The court opined that the version of the complainant and her trustworthiness can be tested only during the trial when she is cross-examined by the accused. It said, “So this court on the basis of material placed on record along with the cancellation report especially the statement of the complainant/victim u/s 164 CrPC. wherein she has supported her allegation of rape and threats by accused Syed Shahnawaz Hussain and in exercise of powers u/s 190(1)(b) CrPC”.

The court took cognizance of the offences under Sections 376 (rape), 328 (causing hurt by means of poison, with intent to commit offence), 506 (criminal intimidation) of IPC.

“Accordingly, Accused Syed Shahnawaz Hussain be summoned through SHO PS Concerned for next date of hearing”, the court ordered.

Notably, on January 16, 2023, the Supreme Court dismissed plea filed by BJP leader Syed Shahnawaz Hussain against the Delhi High Court order directing the registration of an FIR against him in a 2018 rape case. A bench of Justice S Ravindra Bhat and Justice Dipankar Datta had said that a fair investigation shall proceed in the matter and if there is nothing, Hussain will be exonerated. Earlier, the apex court had stayed the order of the Delhi High Court directing registration of FIR against Hussain.

It is to be noted that in August 2022, Justice Asha Menon at the Delhi High Court had ordered the registration of an FIR against BJP Leader Syed Shahnawaz Hussain in a 2018 rape case. The court had passed the order while hearing a plea by Hussain challenging the trial court’s judgment dated July 12, 2018, wherein the Special Judge dismissed the revision petition filed against the orders of the Metropolitan Magistrate directing the registration of FIR.

Case Title: State v. Cancellation