The Supreme Court on Friday upheld the acquittal of Peepli Live co-director Mahmood Farooqui in a rape case by the Delhi High Court, after hearing a plea by an American woman challenging the high court verdict.
During the hearing before the apex court, the woman's counsel told the bench that a new argument of alleged consensual relation was advanced by Farooqui's lawyer before the high court and claimed that this issue was not raised before the lower court during the trial.
The bench, however, observed that it was not a case where strangers came, met and did something as both Farooqui and the woman were known to each other.
File image of Mahmood Farooqui. GettyImages
"This is a very hard case. We would like to say that it has been decided extremely well (by the high court)," the top court said.
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. "People give false smiles. How would the other person know that it's a false response? This is very difficult to understand," the bench said, adding, "she appeared to have responded in a positive manner".
When the petitioner's counsel referred to the email conversation between the woman and Farooqui, the apex court said the record reflects that they were good friends. The bench also referred to one of the communications between them and asked whether she had said "I love you" to Farooqui in one of the emails after the alleged incident.
"How many rape cases you have gone through where the prosecutrix (woman) has said I love you to the alleged accused much 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.
The bench was not satisfied with the answers given by the counsel and dismissed the plea, saying no question of law was involved in the matter.
"We will not interfere with the high court verdict. It is a well-written judgment," PTI quoted the Supreme Court as saying.
In September 2017, the Delhi High Court had acquitted Farooqui, saying he was entitled to benefit of the doubt as the testimony of the victim was not reliable.
Justice Ashutosh Kumar had set aside the trial court order which had awarded a seven-year jail term to Farooqui after convicting him for the alleged rape of a 30-year-old American researcher at his south Delhi residence in March 2015.
The high court, in its 85-page judgment, had directed that Farooqui be released forthwith.
It had held that the woman's testimony was not reliable and the accused can be given the benefit of doubt. "Whether such an incident happened, if it has happened, it did happen with the consent of the prosecutrix. This remains in doubt," the court had said.
Farooqui had challenged his conviction and the sentence given by the trial court.
During arguments, Farooqui's lawyer had denied the allegation of rape levelled by the woman and had said, "no such incident took place on that day".
His counsel had referred to messages exchanged between his client and the woman before the case was lodged and contended that the two were in a "relationship" since January 2015.
The argument was opposed by Delhi Police's counsel, who had said that rape had taken place and the trial court had given reasons while convicting and sentencing 45-year-old Farooqui.
A trial court on 4 August last year had sent him to jail for seven years, observing that he had taken advantage of the situation when the victim was alone in his house.
The court, which on 30 July, 2016, had held Farooqui guilty of raping the American woman in 2015 in a drunken state, had also imposed a fine of Rs 50,000 on him.
The police had on 19 June, 2015, lodged an FIR against Farooqui on the woman's complaint after which he was arrested.
On 29 July, 2015, the police had filed its chargesheet against Farooqui, alleging he had raped the research scholar from Columbia University at his Sukhdev Vihar house in South Delhi on 28 March, 2015.
With inputs from PTI
Published Date: Jan 19, 2018 12:46 PM | Updated Date: Jan 19, 2018 13:48 PM