NEW DELHI: A Delhi Court on Wednesday summoned BJP leader Syed Shahnawaz Hussain on a woman’s complaint alleging rape and criminal intimidation after taking cognizance of the offences against the former union minister.
Asking Hussain to appear before the court on October 20, Additional Chief Metropolitan Magistrate Vaibhav Mehta of Rouse Avenue Courts dismissed the Delhi police's cancellation report which contended that no case at all was made out on the allegations.
The woman was approaching the court with a protest petition against the report of cops.
"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 judge noted in the order.
The court was of the view that the complainant woman had given consistent statements to the police.
"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 Cr.PC," the order read.
The judge said the allegations need to be scrutinised in order to find whether it is reliable or not.
"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 was noted further.
"The issues raised by the IO (investigating officer) while filing the cancellation report…are matters which can be decided during trial," it was added.
"Moreover this court is of the view that the version of the complainant and her trustworthiness can be tested only during the 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, the court took cognisance of alleged offences which are punishable under various provisions of the IPC including sections 376 (rape) and 506 (criminal intimidation) while summoning Hussain for the next hearing.