The Gujarat High Court has upheld an order rejecting the request for the discharge of five accused booked for illegal forceful conversion of SC/ST residents of a village in Bharuch District. The High Court also held that it cannot run a mini-trial to find out the authenticity of the statements of the witnesses and the evidence collected by the investigating officer in the revisional jurisdiction.

The High Court was considering an application challenging the order rejecting the prayer to discharge the applicants in a case registered under Section 4 of the Gujarat Freedom of Religion Act, 2003, read with Section 120(B), 153B(1)(c) and 506(2) of the Indian Penal Code (IPC).

The Single Bench of Justice Gita Gopi held, “Having regard to the statements of the witnesses as referred by learned APP and the charge-sheet which has been filed against the present applicants, prima-facie there is a case as alleged under the Gujarat Freedom of Religion Act, 2003. In the revisional jurisdiction, the Court has the authority to only find out whether there is prima-facie case against the applicant/s. The Court cannot run a mini trial to find out the credibility and authenticity of the statements of the witnesses and the evidence collected by the investigating officer.”

Advocate Muhammad Quasim Vora represented the Applicant, while Additional Public Prosecutor Bhargav Pandya represented the Respondent.

Factual Background

The five accused applicants were booked on the allegations of large-scale conspiracy to convert a large population of SC and ST members by alluring them and offering them incentives in the form of cash and things. The alleged conversion was also by way of a fraudulent marriage, and all the co-accused were connected in the act. Some of the accused were alleged to be converted muslims. It was alleged that money was provided from overseas, which had been received by the applicants to be used in the activity of conversion.

Reasoning

On a perusal of the statements of the witnesses and the charge-sheet, the Bench found that prima facie a case was made out under the Gujarat Freedom of Religion Act, 2003.

The Bench considered that the Trial Court had also noted that there were many documents which had been fraudulently created in the form of Aadhar Cards as well as electronic records. The members of the SC and ST community had also been threatened. It was further noticed that the Trial Court Judge had considered the prima-facie evidence against the accused and had also added the provisions of Sections 466, 467 and 471 of IPC and Sections 3(2)(5-A) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

“The Court therefore, need not dwell all the materials on record and minutely deal with each of the statements and proof. The prima-facie satisfaction of the trial Court Judge to come to the conclusion of sufficiency of material to frame the charge is the real test”, the Bench stated while rejecting the petition.

Cause Title: Yusufbhai Jivanbhai Patel @ Mahendrabhai Jivabhai Vasava & Ors. v. State of Gujarat (Neutral Citation: 2026:GUJHC:23504)

Appearance

Applicant: Advocates Muhammad Quasim Vora, Umarfaruk M Kharadi

Respondent: Additional Public Prosecutor Bhargav Pandya

Click here to read/download Order


Gujarat High CourtJustice Gita Gopi

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.