Indore (Madhya Pradesh): Indore bench of Madhya Pradesh High Court dismissed the bail application of a Muslim youth, who has been accused of raping a girl belonging to the Schedule Tribe category by impersonating as a Hindu!
“Such types of offences are increasing day-by-day and are also dangerous for the communal harmony of the society,” Justice Anil Verma said while rejecting the bail application of 19-year-old Hashim Khan.
THE CASE
As per prosecution story, the prosecutrix knew the applicant one year prior to the incident but was not aware of his religion.
“On August 27, 2022 the applicant took the prosecutrix to Delhi and on the pretext of marriage, he allegedly raped her. When the applicant took the prosecutrix to a dargah she, for the first time, came to know about his actual name… Mohammad Hashim. The applicant allegedly pressured the prosecutrix to convert,” the government counsel Sudhanshu Vyas informed the court.
On returning to Indore, the prosecutrix lodged an FIR at MIG Road police station. The counsel for the appellant, advocate Sonali Rajoria argued in the court that the appellant is innocent and that he has been falsely implicated in this offence. He has been in custody since September 2, 2022. “The investigation is over and a charge sheet has been filed… The final conclusion of the trial is likely to take a long time. Under the above circumstances, the prayer for grant of bail may be considered on such terms and conditions, as this court deems fit and proper,” she submitted.
The government’s advocate and the objector (the prosecutrix)’s counsel objected to the relief saying this is a heinous offence relating to rape and conversion. After considering all the facts and circumstances of the case, the nature and gravity of the offence, the court noted that the prosecutrix in her statement under Section 164 of CrPC categorically stated that the applicant had established physical relationship with her by impersonating himself as a Hindu on the pretext of marriage and pressurised her for converting herself. The prosecutrix belongs to Schedule Caste also.
“The applicant did not raise any plea in the bail petition that the prosecutrix was a consenting party and established a physical relationship of her own accord. Such types of offences are increasing day by day and also dangerous for communal harmony in the society,” the court observed, adding that it is not inclined to grant bail to applicants.
