Delhi Court Takes Cognizance Of Rape And Criminal Intimidation Offences Alleged Against Former Union Minister Shahnawaz Hussain, Summons Him

A Delhi Court has taken cognizance of the offences of rape and criminal intimidation against BJP leader and former union minister Shahnawaz Hussain and summoned him to appear before it on October 20.

The FIR was registered on the complaint of a woman alleging the offence of rape and criminal intimidation by Hussain, amongst other offences. After completion of investigation, the Delhi Police filed a cancellation report stating that no case at all was made out. The complainant had then filed a protest petition opposing the cancellation report.

Additional Chief Metropolitan Magistrate Vaibhav Mehta of Rouse Avenue Courts allowed the protest petition and said that the woman gave consistent statements to the police, to the court in her application under Section 156 (3) of Cr.PC and also in her statement given before the concerned Magistrate.

“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.

While rejecting the Delhi Police’s cancellation report, the court said that court can apply its mind independently on the basis of the same material on which the probe agency has reached a conclusion that no offence has been committed and conclude that the offence is prima-facie made out.

“Moreover this court is of the view that the version of the complainant and her trustworthiness can be tested only during trial when she is cross examined by the accused and 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 Cr.P.C. 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) Cr.PC, this court takes cognizance of the offences u/s 376/328/506 IPC,” the court said.

The judge also said that the victim’s statement recorded before the Magistrate 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,” the court said.

The woman alleged that Hussain took her in a farm house and raped her and also threatened her with dire consequences stating that he had prepared a video.

On her complaint which was filed in 2018, a MM Court had passed an order to register the case. The revision petition was filed before sessions court which was dismissed.

A quashing petition was the filed before the Delhi High Court wherein the order of the MM was upheld. The Supreme Court had later declined to interfere with the High Court’s order. Hence a case under Section 376, 328 and 506 of IPC was registered and investigation was carried out.