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Supreme court has upheld the Delhi high court’s decision on Friday. In which rape victim was challenging the court verdict that had acquitted the Peepli live’ co-director Mahmood Farooqui of the rape charges.
A bench comprised of Justices SA Bobde and L Nageswara has rejected her plea on the ground that the High court has “extremely well decided” the case and it would not interfere with this “well-written judgment.”
Following on the complaint of a research scholar from Columbia University, who had alleged that Farooqui had raped her at his Sukhdev Vihar house in South Delhi on March 28, 2015, police had lodged an FIR against him on June 19, 2015. The police had ten days later filed its charge sheet on the basis of this FIR. Subsequently, in August 2016, Farooqui was convicted and sentenced to seven years imprisonment and was also imposed a fine of Rs. 50, 000 by a New Delhi trial court.
Later the order was challenged in the High court. The Delhi High court set aside the trial court’s order on September 25, 2017 and directed the Tihar jail authorities to release Farooqui, who was lodged there since August 2016.
The High court after carefully examining the case held that “when a woman says no, it might not always mean a no. There have been examples of woman’s behavior where a feeble no means a yes.” The High court acquitted Farooqui on the ground that the rape survivor had shown her consent when the incident occurred and justified it by saying that she feared violence similarly to Nirbhaya case.
The apex court while upholding the decision of the High court held that it was not a case where strangers came, met and did something as both Farooqui and the woman were known to each other. When the woman’s counsel said the issue was whether there was any consent, the bench observed that there appeared to be a “positive response” which according to her was faked by her.
While referring to one of the email conversation that had taken place between Farooqui and the woman, post this incident, the apex court said, “How many rape cases you have gone through where the prosecutrix (woman) has said I love you to the alleged accused just after the alleged incident,” the bench asked the counsel and also posed several other queries including how many times the woman had visited Farooqui and had drinks together. Hence, the apex court dismissed the plea filed by the woman and acquitted Farooqui of the rape charges.
NB-LAWRATO
