SC relief for filmmaker

Satya Prakash

Tribune News Service

New Delhi, January 19

The Supreme Court on Friday upheld a Delhi High Court verdict acquitting Peepli Live co-director Mahmood Farooqui in a case filed against him by a 30-year-old US researcher, who accused him of raping her at his home in South Delhi in March 2015.

Rejecting the victim’s petition, a Bench of Justices SA Bobde and LN Rao refused to interfere with the September 2017 acquittal verdict of the high court, saying “it was a well-written judgment”.

It referred to an email written by the victim to Farooqui after the alleged rape in which she said “I love you” to the accused. “How many instances of rape have you come across where the victim says ‘I love you’ to the assailant after the incident?” the Bench asked her counsel.

“How many times the woman had visited Farooqui and had drinks together?” it asked before dismissing her plea.

The trial court convicted Farooqui in 2016 and sentenced him to seven-year jail and imposed a fine of Rs 50,000, saying he took advantage of the situation when the victim was alone in his house.

But the HC reversed the verdict giving benefit of doubt to Farooqui, saying the victim’s testimony was not reliable. It had referred to past instances and said the relationship between Farooqui and the victim extended beyond “friendship”. It was not clear if Farooqui had any intention to rape her, the HC had said.

The prosecution had argued that the victim pretended to co-operate to “end the traumatic encounter” as she was scared of meeting the same fate as Nirbhaya — the December 16, 2012, gangrape victim.

The HC had questioned the victim’s version. “And even if it did occur…whether it was without the consent/will of the prosecutrix,” it added, ruling in favour of Farooqui.

The SC too refused to buy the victim’s contention that she had not given her consent for sex. “Such cases are very hard to decide,” the Bench said, adding that the HC had decided it quite well. As her counsel submitted the only issue was if there was any consent, the Bench said 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 false? This is very difficult to understand… She appeared to have responded in a positive manner,” the SC said.