Mahmood Farooqui

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Charge:	Rape
Sentence:	7 years
Years Imprisoned:	1.17
Year Crime:	2015
Year Convicted:	2016
Year Cleared:	2018
U.S. State or Country of Crime:	India
County or Region of Crime:	Delhi
City of Crime:	Delhi
Result:	Judicially Exonerated Released
Summary of Case:	"Mahmood Farooqui was wrongly convicted on July 30, 2016 of raping a female American research scholar on March 28, 2015 at Farooqui's residence in South Delhi, India. Farooqui was a filmmaker and artist. He was co-director of the 2010 Bollywood film Peepli Live that was shown at the Sundance Film Festival. The woman went to Farooqui's house for his help for her research on Baba Gorakhnath. His prosecution was based on the woman's complaint that she had not consented to their sexual encounter. Farooqui's defense was she had consented and offered no resistance. There was testimony that immediately prior to the sexual encounter she had been cracking jokes and acted in a playful manner; that Farooqui had asked her to have sex and she didn't resent or deny his request; that during sex she either had or feigned to have an orgasm; that afterwards she didn't leave his residence; that she didn't leave or make any complaint about the sexual encounter when the brother of Farooqui, another man, and the wife of Farooqui after they arrived at the house. Also, two days later, on March 30, the complainant sent Farooqui an email in which she was "affectionately remonstrative" and said she had "feigned orgasm" during their sexual encounter. Faced with a 'She said, He said' case, the trial judge sided with the complainant. Farooqui was sentenced to the minimum of 7 years in prison. He appealed. On September 25, 2017 the Delhi High Court set-aside Mahmood Farooqui's conviction and ordered his acquittal because there was insufficient evidence to prove he didn't believe his sex partner willingly consented to their sexual encounter. The Court stated in its ruling: "Absence of any real resistance of any kind re-affirms the willingness." On January 19, 2018 India's Supreme Court declined to review the Delhi High Court's ruling. A bench of Justices S.A. Bobde and L. Nageswara Rao noted the judgment by Justice Ashutosh Kumar was “very well reasoned and cannot be interfered with.”"
Conviction Caused By:
Innocence Proved By:	"On September 25, 2017 the Delhi High Court reversed Mahmood Farooqui's conviction because there was insufficient evidence to prove he didn't believe his sex partner willingly consented to their sexual encounter. On January 19, 2018 India's Supreme Court declined to review the Delhi High Court's ruling. A bench of Justices S.A. Bobde and L. Nageswara Rao noted the judgment by Justice Ashutosh Kumar was “very well reasoned and cannot be interfered with.”"
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	Indian
Information Source 1:	"Mahmood Farooqui vs State, No. CRL.A.944/2016 (Govt Of Nct Of Delhi) (Delhi High Court, 9-25-2017) (Acquitting Farooqui based on insufficient evidence he had the mens rea he was having sexual intercourse without the woman's consent.)"
Information Location 1:	https://indiankanoon.org/doc/160377045/
Information Source 2:	"Farooqui, Peepli Live co-director, convicted, By Nirnimesh Kumar, The Hindu, July 30, 2017"
Information Location 2:	http://www.thehindu.com/news/national/Farooqui-Peepli-Live-co-director-convicted/article14517152.ece
Information Source 3:	"SC declines to interfere with Delhi HC's acquittal of Mahmood Farooqui in rape case, By Chandan Goswami, Bar & Bench, January 19, 2018"
Information Location 3:	https://barandbench.com/sc-interfere-acquittal-mahmood-farooqui-rape/
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Mahmood Farooqui

Charge:

Rape

Sentence:

7 years

Years Imprisoned:

1.17

Year Crime:

2015

Year Convicted:

2016

Year Cleared:

2018

U.S. State or Country of Crime:

India

County or Region of Crime:

Delhi

City of Crime:

Delhi

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Indian

Information Source 1:

"Mahmood Farooqui vs State, No. CRL.A.944/2016 (Govt Of Nct Of Delhi) (Delhi High Court, 9-25-2017) (Acquitting Farooqui based on insufficient evidence he had the mens rea he was having sexual intercourse without the woman's consent.)"

Information Location 1:

https://indiankanoon.org/doc/160377045/

Information Source 2:

"Farooqui, Peepli Live co-director, convicted, By Nirnimesh Kumar, The Hindu, July 30, 2017"

Information Location 2:

http://www.thehindu.com/news/national/Farooqui-Peepli-Live-co-director-convicted/article14517152.ece

Information Source 3:

"SC declines to interfere with Delhi HC's acquittal of Mahmood Farooqui in rape case, By Chandan Goswami, Bar & Bench, January 19, 2018"

Information Location 3:

https://barandbench.com/sc-interfere-acquittal-mahmood-farooqui-rape/

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

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