Mahmood Farooqui with his wife Anusha Rizvi and Aamir Khan. This image was posted on Facebook by PEEPLI [Live]
A Delhi court today framed the charge of rape against
Peepli Live co-director Mahmood Farooqui for allegedly sexually assaulting an American researcher and fixed September 9 to launch day-to-day trial in the case. (Also Read:
Peepli Live Co-Director Mahmood Farooqui Seeks Bail in Rape Case)
The court, however, kept pending Mr Farooqui's bail plea and is likely to decide on it after recording the evidence of the complainant who has been summoned on September 14.
"On March 28 at accused's residence in Sukhdev Vihar, you (Farooqui) committed rape of the prosecutrix in the manner as defined under Section 375, punishable under Section 376 of the IPC. Let the charge be framed. The application of bail be kept pending," Additional Sessions Judge Sanjiv Jain said.
The judge also asked the director of forensic lab to expedite the examination of case property in the case and submit the report at the earliest, as the complainant's visa is valid upto October 5 only.
This direction came after the investigating officer (IO) filed a report on behalf of the FSL director that the case has been taken up on priority and the forensic results would be ready by September 30. The court directed the FSL to submit its report ten days earlier on the grounds that the complainant would have to return to the US by October 5.
An application was moved by Mahmood Farooqui seeking inspection of her phone which allegedly had text messages relating to case after which the mobile phone was sent to forensic department.
The court fixed September 9, 10, 11, 14, 15 and 16 for daily trial proceedings and directed the DCP, South-East district to depute a senior officer to ensure the presence of witnesses summoned as per the order for the dates fixed.
The court's order came after Additional Public Prosecutor A T Ansari moved an application under section 309 of CrPC for holding day-to-day proceedings of trial in the case.
"Since the trial of the case relates to an offence under section 376 (rape) of the IPC and the victim of crime is a foreign national, it is expedient in the interest of justice that the proceedings of the trial be held as expeditiously as possible," Mr Ansari said.
The prosecutor, in another application, sought direction from the court to call upon Mahmood Farooqui to admit or deny the genuineness of documents including electronic records filed before it. Mr Farooqui pleaded not guilty and claimed trial.
Mahmood Farooqui had moved the bail application through his lawyer Nitya Ramakrishnan, who had submitted that the accused was a 'law abiding citizen' and that his family had been cooperative in the probe. However, the prosecution had opposed his bail plea, saying it was a 'heinous crime'.
Mahmood Farooqui is in judicial custody since June 20 for allegedly raping the 35-year-old woman in an inebriated state after inviting her for dinner at his house.
The woman, a research scholar from Colombia University,had alleged in her complaint filed at New Friends colonypolice station that Mahmood Farooqui had raped her at his SukhdevVihar house in south Delhi on March 28, 2015, when she hadgone to meet him to get his help for her research work.
She had claimed to have met Mahmood Farooqui at Varanasi whereshe had gone to collect information about her research themebased on Baba Gorakhnath.