A Delhi court on Wednesday summoned Bharatiya Janata Party leader Shahnawaz Hussain in a case related to rape and criminal intimidation, as per Bar and Bench. The former Union minister has been ordered to appear before the court on October 20 after a case was registered against him under Sections 376, 328, and 506 of the Indian Penal Code.
According to the report, the complainant has alleged that the BJP leader took her to a farm house and raped her. She also alleged that he made a video of the act and threatened her with dire consequences. While the Delhi Police maintained that "no case at all is made out as no prima facie offence has been made out" against Hussain, Additional Chief Metropolitan Magistrate Vaibhav Mehta rejected the cancellation report.
The court held that there is no reason to throw out the complaint at the outset.
"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.
It also said that the reliability of complainant's statement can be ascertained onle after the same is put to scrutiny before the Court of Trial.
Dismissing the police report, the court said, "The issues raised by the IO (investigating officer) while filing the cancellation report…are matters which can be decided during trial.”
“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… wherein she has supported her allegation of rape and threats by accused Syed Shahnawaz Hussain… this court takes cognizance of the offences,” the judge said.
“Accordingly, Accused Syed Shahnawaz Hussain be summoned through SHO PS Concerned for next date of hearing,” the judge said.