New Delhi: A Delhi court has summoned Bharatiya Janata Party (BJP) leader Syed Shahnawaz Hussain in a case of alleged rape and threats.
The judge took cognisance of the offences of rape (punishable under Section 376 of the Indian Penal Code) and criminal intimidation (section 506).
The court was hearing the complainant’s protest petition against the police’s cancellation report.
The complainant relied on the Supreme Court judgments, which showed the court that the sole testimony of the prosecutrix, if reliable, is sufficient to convict the accused.
“… so it is safe to say that the consistent sole testimony of the prosecutrix is sufficient to summon the accused and to take the case to trial,” the court noted.
Earlier, the Delhi High Court had set aside a session court’s order to register a First Information Report (FIR) against Shahnawaz and his brother Shahbaz Hussain.
Justice Amit Mahajan remanded the matter back to the session’s court for a fresh decision after giving an opportunity of hearing to the petitioners.
The bench noted that Hussain and his brother were not heard by the trial court while directing the registration of FIR under Sections 420, 376, 295A, 493, 496, 506, 509, 511 and 120B of the Indian Penal Code.
The court noted that earlier the Metropolitan Magistrate by June 25, 2018 order, in an application filed by the woman under Section 156(3) of Code Of Criminal Procedure (CrPC) , had refused to direct the police to register an FIR.
Later the Sessions Judge by the impugned order on May 31, 2022, while setting aside the said order, directed the SHO Mandir Marg to register an FIR.
The complainant had alleged that while she was running an NGO, she encountered Shahbaz, who introduced himself as the brother of Shehnawaaz Hussain, a member of Parliament and after being highly impressed by the former, she developed intimacy with him.
He promised her that he would marry her and allegedly raped her, the complainant said.
She did not highlight the matter at first as she was concerned about her dignity and reputation, but was shocked on knowing that Shahbaz was already married and was a father of two children.
She then visited his brother’s residence seeking support and justice from him, and narrated the entire story to him.
The complaint stated that Shahnawaz had asked her not to highlight the matter and raise a hue and cry as it would be detrimental to both parties.
She has alleged that Shahbaz married her in the presence of a Maulavi and some other persons, and that she was forced to sign a certificate of marriage post which, she was abandoned by them.
It later turned out that the maulavi and the certificate was fake
She has alleged that she had received calls threatening her using foul language.