Delhi High Court Upholds Acceptance Of Police's Cancellation Report In Rape Case Against BJP Leader Shahnawaz Hussain

The Delhi High Court has upheld a trial court order accepting the cancellation report filed by the Delhi Police last year in a rape case filed against BJP leader and former Union Minister Syed Shahnawaz Hussain.

Justice Neena Bansal Krishna observed that the “overwhelming independent ocular, documentary and scientific evidence” collected during the investigations showed that the presence of Hussain and the complainant on the date of the alleged incident at the place of alleged incident was completely ruled out.

The court observed that the possibility of the commission of alleged offence was rendered zilch. “Hence, conclusion of the learned Additional Sessions Judge in accepting the Cancellation Report has to be upheld,” the court said.

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.

The ACMM had allowed the protest petition, took cognizance of the offences under Sections 376, 328 and 506 of the Indian Penal Code, 1860, and summoned Hussain to face trial.

The sessions court, vide the impugned order, had set aside the ACMM order. The complainant then moved the High Court challenging the acceptance of the Closure Report.

Rejecting the woman's revision plea, Justice Krishna upheld sessions court's conclusion that the very happening of incident of rape after administration of some drug or intoxicating substance to her stood ruled.

The court noted that the oral as well as other documentary or scientific evidence collected by I.O. during the course of investigation shoed that the prosecutrix and Hussain never met each other or were at the same location on the alleged day of incident.

“Innocent until proven guilty” coupled with the rigorous standard of "establishing guilt beyond a reasonable doubt,” forms the foundational tenet of our criminal justice administration. The acquittal of guilty individuals, while regrettable, is a lesser evil compared to the horror of condemning the blameless. When the delicate scales of justice are tipped with utmost care, “protecting” will always weigh more than “punishing”,” the court observed.

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 then 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.

Title: P v. State & Anr.

Citation: 2024 LiveLaw (Del) 874

Click here to read order