HC upholds order accepting cancellation report in BJP leader Syed Shahnawaz Hussain rape case
Delhi High Court has upheld an order accepting cancellation report filed by the police in a complaint filed against BJP leader Syed Shahnawaz Hussain alleging rape and criminal intimidation. Justice Neena Bansal Krishna said there was no infirmity in the order passed by the additional sessions judge (ASJ) and dismissed the revision petition filed by the complainant challenging the December 2023 order.
«In the present case, the overwhelming independent ocular, documentary and scientific evidence collected during the investigations, whereby the presence of the respondent no.2 (Hussain) and complainant on the date of the alleged incident at the place of alleged incident… is completely ruled out, the possibility of the commission of alleged offence is rendered zilch.
»Hence, the conclusion of the ASJ in accepting the cancellation report has to be upheld. In view of the foregoing discussions, there is no infirmity in the impugned order dated December 16, 2023 and the revision petition is hereby dismissed," the high court said in the order which was passed on Friday and made available on Saturday.
The complainant had alleged that she was administered an intoxicant by Hussain who then raped her at a farmhouse in the national capital in April 2018.
The police had filed a report before the court seeking cancellation of the FIR.
The cancellation report was not approved by the magisterial court, which had taken cognisance of the alleged offence and summoned Hussain in the case.
The order was challenged before a sessions
