The Madhya Pradesh High Court at Indore Bench has recently denied bail to a man who was accused of raping the victim girl by impersonating himself as a Hindu stating that such offences are dangerous for communal harmony in society.

The accused was booked under the offences punishable under Sections 376 and 376(2)(k) of the IPC and Section 3(20(5) of the SC/ST Act and Sections 3 and 5 of the MP Freedom of Religion Act.

A Single Bench of Justice Anil Verma held, “The applicant did not raise any plea in the bail petition that prosecutrix was consenting party and established physical relationship with her own accord. Such type of offences are increasing day by day and also dangerous for communal harmony in the society.”

The Court noted that in view of the prima facie evidence available on record, it is not inclined to grant bail to the accused.

Advocate Sonali Rajoria appeared on behalf of the appellant i.e., the accused while Advocate Harshad Gupta and Panel Lawyer Sudhanshu Vyas appeared for the Objector and State respectively.

In this case, the victim had known the accused one year prior to the incident but she did not know his religion. A quarrel took place between the victim and her family members and then the accused told her that they will go and live in Delhi. On the pretext of marriage, she went to Delhi with him and he committed rape upon her.

When the accused brought the victim to Dargah, she first time came to know his real name and that he belonged to the Muslim religion and he also pressurized her conversion to the Muslim religion. The aggrieved victim returned to Indore and lodged FIR at the police station.

The High Court in the above context observed, “… it is revealed that prosecutrix in her statement under section 164 of Cr.P.C. categorically stated that applicant has established physical relationship with her by impersonate as a Hindu on the pretext of marriage and pressurized her for converting herself into Muslim Religion, the prosecutrix belongs to Schedule Caste also.”

The Court, therefore, dismissed the plea filed by the accused under Section 439 of the Cr.PC.

Accordingly, the Court refused to grant bail to the accused.

Cause Title- Hashim @ Anas v. The State of Madhya Pradesh & Anr.

Click here to read/download the Order