The Delhi High Court has upheld the order of a sessions court to close the rape case against Bharatiya Janata Party (BJP) leader Syed Shahnawaz Hussain.
A single bench of Justice Neena Bansal Krishna stated that oral, documentary, and scientific evidence rule out the possibility that Hussain intoxicated and raped the woman.
“In the present case, the overwhelming independent ocular, documentary, and scientific evidence collected during the investigations, which ruled out the presence of respondent no.2 (Hussain) and the complainant at the alleged incident’s location on the date in question, renders the possibility of the alleged offence nil. Hence, the ASJ’s conclusion in accepting the cancellation report must be upheld. Accordingly, there is no infirmity in the impugned order dated December 16, 2023, and the revision petition is hereby dismissed,” the order reads.
The court thus accepted the stand of Delhi Police that no rape case was made out against Hussain and upheld the order passed by the Additional Sessions Judge (ASJ) in this regard. The complainant had accused Hussain of taking her to his farmhouse, intoxicating her, and raping her. It was also alleged that he made a video of the act and threatened her with dire consequences if she disclosed the incident to anyone.
The complainant stated that the FIR was registered only after the intervention of the Delhi High Court and the Supreme Court. In October 2023, a Magistrate Court refused to accept the cancellation report filed by the Delhi Police in the case and instead issued summons to Hussain. Hussain then approached the Sessions Court against this order. The ASJ first stayed the summoning order and subsequently quashed it. The complainant then approached the High Court against the same.
